Acts and resolutions of the General Assembly of the State of Georgia 2006, volume 1, book 1

COMPILER'S NOTE
General and Local Acts and Resolutions of the 2005 Extraordinary Session ofthe General Assembly of Georgia will be found in Volume One, Book One beginning at page ES3. The Extraordinary Session convened on September 6, 2005, and adjourned sine die on September l 0, 2005. The proclamation of the Governor convening the General Assembly of Georgia in Special Session will be found on page ES1.
General Acts and Resolutions of the 2006 Regular Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page l. The Supplementary Appropriations Act for FY 05-06 and the Appropriations Act for FY 06-07 will be found in the Volume One, Book Two Appendix. These two Acts have been separately placed in the Appendix in order to maintain the special formatting and unique characteristics of the underlying bills. Local and Special Acts and Resolutions will be found in Volume Two beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between May l, 2005, and April30, 2006, are printed in Volume Two beginning at pages 4687 and 4 707, respectively.
There are no numbered pages between page 1113, the last page of Volume One, Book One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. Volume One has been divided into two books because of the number of pages in the volume. The only page numbers in Volume One, Book Two will be those appearing in the underlying bills.
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 Three. Indexes cover material in both Volumes One and Two. 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 notpartofthe 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 2006
TABLE OF CONTENTS
VOLUME ONE
, 2005 Extraordinary Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES 1 Acts and Resolutions of General Application . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 05-06 ................ Appendix General Appropriations Act for FY 06-07 ...................... Appendix
VOLUME TWO
Acts and Resolutions of Local Application ........................ 3501 County and Consolidated Government Home Rule Actions ........... 4687 Municipal Home Rule Actions .................................. 4707
VOLUME THREE
Acts by Numbers-Page References ................................ lA Bills and Resolutions-Act Number References ....................... 6A Index-Tabular ................................................ 12A Index-General ................................................ 41A Population of Georgia Counties-Alphabetically ..................... lOOA Population of Georgia Counties-Numerically ...................... 107A Population of Municipalities-Alphabetically ....................... 112A Population of Municipalities-Numerically ......................... 119A Population of Judicial Circuits .................................. 126A Georgia Senate Districts, Alphabetically by County ................. 130A Georgia Senators, Numerically by District ......................... 132A Georgia House Districts, Alphabetically by County .................. 135A Georgia Representatives, Numerically by District ................... 13 7A Status of Referendum Elections ................................. 146A Vetoes by the Governor ....................................... 3 11 A State Auditor's Report on Funding of Retirement Bills ............... 317A Legislative Services Committee and Staff ......................... 320A

PROCLAMATIONS AND ACTS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2005
EXTRAORDINARY SESSION
September 6, 2005 - September 10, 2005
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

GEORGIA LAWS 2005 EXTRAORDINARY SESSION

ES1

BYTHEGOVERNOROFTHESTATEOFGEORGIA

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 ofthe 2005 General Assembly adjourned sine die on March 31, 2005; and

WHEREAS:

Hurricane Katrina has caused major destruction and damage to properties in the states of Alabama, Mississippi, and Louisiana, adversely affecting the motor fuel supply to the State of Georgia, which has had the effect of further increasing gas prices in the State of Georgia; and

WHEREAS:

The Governor has determined that certain purposes warrant the convocation of a 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 1:00 p.m. on September 6, 2005, for the purposes and only the purposes stated as follows:

1. To ratify the Executive Order dated September 2, 2005, and numbered 09.02.05.01 in the official records of the Office of the Governor, which suspended the collection of all state sales and use taxation, state excise taxation, and the second motor fuel tax

ES2

PROCLAMATIONS AND ACTS

as those taxes apply to aviation gasoline, and motor fuel used to propel motor vehicles for use on or offpublic highway including gasoline, dyed fuel oils, liquid propane gas, and other special fuels including but not limited to gasohol, ethanol, liquefied natural gas, or compressed nature gas, ad excluding jet fuel, commencing with all deliveries occurring immediately following the last monument of September 2, 2005, until the General Assembly acts upon this Order.

2. To enact general law providing a temporary exemption on motor fuel taxes due the state commencing with all deliveries occurring immediately following the last moment of September 2, 2005, and ending midnight September 30, 2005, and other related purposes.

3. To amend Code Section 50-19-7 of the Official Code of Georgia Annotated, and employees of the executive, legislative, and judicial branches of state government.

This 2nd day of September 2005.

State Seal

s/Sonny Perdue GOVERNOR
ATTEST
s/John R. Watson CHIEF OF STAFF

GEORGIA LAWS 2005 EXTRAORDINARY SESSION

ES3

REVENUE AND TAXATION- STATE TAXES APPLICABLE TO CERTAIN MOTOR FUELS; TEMPORARY EXEMPTION; RATIFY EXECUTIVE
ORDER SUSPENDING SUCH TAXES.

No. lEX (House Bill No. lEX).

AN ACT

To amend Title 48 ofthe Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state taxes applicable to certain motor fuels; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection ofsuch taxes; 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 Executive Order of the Governor dated September 2, 2005, and filed in the official records ofthe Office ofthe Governor as Executive Order 09.02.05 .01 which suspended the collection of state sales and use taxation, state excise taxation, and the second motor fuel tax, as those taxes apply to gasoline, dyed fuel oils, aviation gasoline, liquid propane gas, and other special fuels, including, but not limited to, gasohol, ethanol, liquified natural gas, or compressed natural gas, and excluding jet fuel, is ratified by the General Assembly of Georgia.

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-9-19, to be designated Code Section 48-9-20, to read as follows:
'48-9-20. (a) For the time period commencing as specified in the Executive Order of the Governor dated September 2, 2005, and filed in the official records of the Office of the Governor as Executive Order 09.02.05.01 and the time period concluding at the last moment of September 30, 2005, state sales and use taxation pursuant to Code Section 48-8-3.1, state excise taxation pursuant to Code Section 48-9-3, and the second motor fuel tax pursuant to Code Section 48-9-14, as those taxes apply to aviation gasoline and to motor fuel used to propel motor vehicles for use on or off public highways including gasoline, clear fuel oils, dyed fuel oils, liquid

ES4

PROCLAMATIONS AND ACTS

propane gas, and other special fuels, including, but not limited to, gasohol, ethanol, liquified natural gas, or compressed natural gas, and excluding jet fuel, shall be governed by the provisions of this Code section notwithstanding any provisions of Code Sections 48-8-3.1, 48-9-3, and 48-9-14, or any other law, to the contrary. (b) Sales or use offuels described in subsection (a) of this Code section shall be fully exempt from the 4 percent state sales and use tax levied and imposed under Chapter 8 of this title. The temporary sales and use tax exemption provided for in this subsection shall not apply to local sales and use taxes 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 I 0, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of Chapter 8 of this title. Such local taxes shall remain applicable to sales of such fuels. (c) Distributors who sell or use fuels described in subsection (a) of this Code section within this state shall be exempt from the 7 1/2 per gallon excise tax levied and imposed under Code Section 48-9-3. (d) Sales or use of fuels described in subsection (a) of this Code section shall be exempt from the 3 percent second motor fuel tax levied and imposed under Code Section 48-9-14. (e) The failure of the distributor or the seller to pass through to the purchaser of any of the fuels described in subsection (a) of this Code section the amount ofthe tax exemptions, decreases, or reduction under this Code section shall constitute an unfair or deceptive act or practice under Part 2 of Article 15 of Chapter I 0 of Title 10, the 'Fair Business Practices Act,' as amended, and shall be subject to enforcement by the administrator of said Part 2 in the same manner as any other act or practice constituting a violation of said Part 2 and subject to the same remedies and penalties as any other act or practice constituting a violation of said Part 2. (f) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section. (g) This Code section shall stand repealed in its entirety on October I, 2005:

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

GEORGIA LAWS 2005 EXTRAORDINARY SESSION

ES5

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

Approved September 10, 2005.

STATE GOVERNMENT- INCREASE MILEAGE REIMBURSEMENT RATE.
No. 2EX (Senate Bill No. lEX).
AN ACT
To amend Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state travel services, so as to change the rate of mileage reimbursement to state officers and employees traveling on state business in their personal motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state travel services, is amended by amending Code Section 50-19-7, relating to mileage and actual travel expenses for state officials and employees, and inserting in its place a new Code section to read as follows:
'50-19-7. The officers, officials, and employees of the executive, legislative, and judicial branches of state government shall be reimbursed for mileage at the same mileage rate established by the United States General Services Administration for federal employees pursuant to Federal Travel Regulation Amendment 2005-01 as of July 1, 2005, or subsequently amended, as traveling expense when traveling in the service of the state or any agency thereof by personal motor vehicle and, in addition to mileage, shall be reimbursed for actual expenses incurred by reason of tolls and parking fees.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

ES6

PROCLAMATIONS AND ACTS

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

Approved September 10, 2005.

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2006
CoMPILED AND PuBLISHED BY AuTHORITY oF THE STATE
Volume One Book One

GEORGIA LAWS 2006 SESSION
REVENUE; LIMITED SALES TAX EXEMPTION; LIQUID PROPANE GAS;
NATURAL GAS; RESIDENTIAL USE.
No. 431 (House Bill No. 970).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential use; to provide for legislative findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; 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 Executive Order of the Governor dated December 19, 2005, and filed in the official records ofthe Office oftheGovernoras Executive Order 12.19.05.01 which suspended the collection of state sales and use taxation in part as that tax applies to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity for residential use is ratified by the General Assembly of Georgia.
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-8-14, to be designated Code Section 48-8-15, to read as follows:
'48-8-15. (a) The General Assembly finds that:
( 1) Liquid propane gas and natural gas are essential commodities used by all Georgians to heat their homes; (2) There has been a substantial rise in the prices of liquid propane gas and natural gas since adjournment of the 2005 regular session of the General Assembly such that the prices for liquid propane gas and natural gas for 2006 are projected to far exceed the 2005 prices for these commodities;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3} The significant increase in liquid propane gas and natural gas prices has burdened and will continue to burden financially all Georgians who must use these commodities to heat their homes during the winter months; and (4) The significant increase in liquid propane gas and natural gas prices for the winter months of 2006 will result in a windfall to the state in the form of surplus sales and use taxes on these commodities. (b)(1) For the time period commencing as specified in the Executive Order of the Governor dated December 19,2005, and filed in the official records of the Office of the Governor as Executive Order 12.19.05.01 and the time period concluding at the end of the third completed billing cycle ending on or before April 30, 2006, state sales and use taxation pursuant to Code Section 48-8-30 as that tax applies to charges for the natural gas commodity billed for residential use shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-8-30, or any other law, to the contrary. (2) For the time period commencing as specified in the Executive Order of the Governor dated December 19, 2005, and filed in the official records of the Office of the Governor as Executive Order 12.19.05 .01 and concluding on the last moment of March 31, 2006, state sales and use taxation pursuant to Code Section 48-8-30 as that tax applies to sales of the liquid propane gas commodity when sold and delivered primarily for residential heating purposes shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-8-30, or any other law, to the contrary. (c) Sales or use of fuels described in subsection (b) of this Code section shall be exempt from the first 2 percent of the 4 percent state sales and use tax imposed under this chapter and shall be subject to the remaining 2 percent of the 4 percent state sales and use tax imposed under this chapter. The temporary and partial sales and use tax exemption provided for in this subsection shall not apply to local sales and use taxes 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, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of Chapter 8 of this title. Such local taxes shall remain applicable to sales of such fuels. (d) The tax relief required under this Code section with respect to charges for the natural gas commodity billed for residential use shall be credited or otherwise reflected on a consumer's natural gas bill as soon as practicable and shall apply only with respect to charges billed for the natural gas commodity and not for other enumerated charges. (e) The failure of the dealer to pass through to the purchaser of any of the fuels described in subsection (b) of this Code section the amount of the tax exemptions, decreases, or reduction under this Code section shall constitute an unfair or deceptive act or practice under Part 2 of Article 15 of Chapter l 0 of Title 10, the 'Fair Business Practices Act,' as amended, and shall be subject to

GEORGIA LAWS 2006 SESSION

3

enforcement by the administrator of said Part 2 in the same manner as any other act or practice constituting a violation of said Part 2 and subject to the same remedies and penalties as any other act or practice constituting a violation of said Part 2. (f) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section.'

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 January 25, 2006.

ELECTIONS -MOTOR VEHICLES; VOTER EDUCATION PROGRAMS; VOTER IDENTIFICATION.
No. 432 (Senate Bill No. 84).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the State Election Board to conduct certain voter education programs; to change provisions relating to required presentation of identification by voters; to specify the types of identification which may be used; to provide for Georgia voter identification cards to be issued by each county board of registrars to registered electors who do not have a valid driver's license or identification card issued by the Department of Driver Services; to provide for the contents and appearance of such cards; to provide for applications and supporting documentation; to provide for the supply of equipment and the adoption of rules and regulations by the State Election Board; to change provisions relating to issuance of free identification cards by the Department of Driver Services to registered electors; 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:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking Code Section 21-2-31, relating to the duties of the State Election Board, and inserting in lieu thereofa new Code Section 21-2-31 to read as follows:
'21-2-31. It shall be the duty of the State Election Board:
( 1) To supervise and coordinate the work of the office of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials so as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections; (2) To formulate, adopt, and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal, and orderly conduct of primaries and elections; and, upon the adoption ofeach rule and regulation, the board shall promptly file certified copies thereof with the Secretary of State and each superintendent; (3) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force; (4) To publish and distribute such explanatory pamphlets regarding the interpretation and application ofprimary and election laws as in the opinion of the board should be distributed to the electorate; (5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law; (6) To make such recommendations to the General Assembly as it may deem advisable relative to the conduct and administration ofprimaries and elections; (7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; (9) Subject to funds being specifically appropriated by the General Assembly, to formulate and conduct a voter education program concerning voting procedures for voting by absentee ballot and at the polls with particular emphasis on the proper types of identification required for voting; and (10) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections.'

GEORGIA LAWS 2006 SESSION

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SECTION 2. Said title is further amended by striking Code Section 21-2-417, relating to presentation of identification by voters, and inserting in its place new Code Sections 21-2-417 and 21-2-417.1 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 Georgia voter identification card issued under Code Section 21-2-417.1 or other 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 ofthe 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 ofthis 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 of the 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) of Code 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 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 ifthe registrars are able to verify current

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 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.

21-2-417.1. (a) Each county board of registrars shall provide at least one place in the county at which it shall accept applications for and issue Georgia voter identification cards to registered Georgia electors which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417 and available only to registered electors of this state. No fee shall be charged or collected for the application for or issuance of a Georgia voter identification card. (b) No person shall be eligible for a Georgia voter identification card if such person has a valid unexpired driver's license or identification card issued under Code Section 40-5-100. (c) The Georgia voter identification card shall be captioned 'GEORGIA VOTER IDENTIFICATION CARD' and shall contain a prominent statement that under Georgia law it is valid only as identification for voting purposes. The Georgia voter identification card shall be laminated, shall contain a digital color photograph of the applicant, and shall include the following information:
(1) Full legal name; (2) Address ofresidence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) County where the identification card was issued including a county number to be assigned for each county by the Secretary of State; and (1 0) Such other information or identification as required by rule of the State Election Board. (d) The application for a Georgia voter identification card shall elicit the information required under subsection (c) of this Code section and such other information as may be required by rule of the State Election Board. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a felony offense under Code Section 16-10-71, relating to the offense of false swearing. (e) The board of registrars shall require presentation and verification of the following information before issuing a Georgia voter identification card to a person:
(I) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth; (2) Documentation showing the person's date of birth; (3) Evidence that the person is registered to vote in this state; and

GEORGIA LAWS 2006 SESSION

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(4) Documentation showing the person's name and address of principal residence. (t) A Georgia voter identification card shall remain valid so long as a person resides at the same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State ofGeorgia to surrender his or her card to the board of registrars ofthe county of his or her new residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this Code section. It shall be the duty of a person who moves his or her residence outside the State of Georgia or who ceases to be qualified to vote to surrender his or her card to the board of registrars by which it was issued. (g) The State Election Board shall provide each county board of registrars with the necessary equipment, forms, supplies, and training for the production of the Georgia voter identification cards and shall maintain such equipment. (h) The State Election Board shall adopt rules and regulations for the administration of this Code section and, without limiting the generality of the foregoing, such rules and regulations may further define or prescribe the types of documentation required under subsection (e) of this Code section.'

SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-103, relating to fees for personal identification cards for persons without driver's licenses, by striking subsection (d) and inserting in its place a new subsection 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 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:

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

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

Approved January 26, 2006.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BRIDGES; HIGHWAYS; INTERSECTIONS; DEDICATE.

No. 434 (House Resolution No. 1041).

A RESOLUTION

To designate certain portions of the state highway system; and for other purposes.

PART I WHEREAS, J. T. Williams passed the certified public accountant examination on his first attempt and won an award for scoring the highest grade in Florida; and

WHEREAS, he served on the staff of Price Waterhouse & Company in New York City and went on to head the largest accounting firm in Tallahassee, Florida; and

WHEREAS, he is the Chairman and Chief Executive Officer of Killeam, Inc., a developer of quality golf course communities, including the premier developments Eagle's Landing and Eagle's Brooke, in Henry County, Georgia; and

WHEREAS, J. T. Williams is responsible for bringing the prestigious LPGA professional golf tournament to the Eagle's Landing Country Club, and this annual event has generated tremendous revenue and positive public relations for Henry County; and

WHEREAS, he is the Chairman of the Projects and Planning Committee of the Georgia Regional Transportation Authority, a member ofthe Congestion Mitigation Task Force, the former Chairman of Finance of the North Georgia Metro Water Board, the former Chairman of the Georgia Board of Education, a former member of the Hospital Steering Committee in Rabun County, the former Vice-Chairman of Henry County Health Systems, Inc.; and

WHEREAS, he is the General Chairman ofthe Chick-fil-A Charity Championship, the past Chairman and currently on the executive committee ofthe Atlanta Regional Business Coalition, the former Chairman of the Henry County Chamber of Commerce, the past President of the Tallahassee Rotary Club; and

WHEREAS, J. T. Williams is the former Trustee of the Radio and Television Commission and former Trustee of the Christian Life Commission of the Southern Baptist Convention, the former Trustee of the Baptist Joint Committee on Public Affairs, the former General Chairman of theNorth Florida Billy Graham Crusade, the past President of the Bill Glass Prison Ministries, and has taught Sunday school for over 30 years; and

GEORGIA LAWS 2006 SESSION

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WHEREAS, in 2004, he was awarded the Herman Talmadge Visionary Award by the Henry County Chamber of Commerce, honoring the person with vision who has contributed the most to positive growth and economic development in Henry County; and

WHEREAS, he has three sons (Joe, David, and Bert), and 12 grandchildren; and

WHEREAS, his presence and developments in Henry County and elsewhere have improved the quality of life and promoted economic prosperity and his life of service to the business, civic, and religious groups in his community is worthy of respect and admiration.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge overl-75 on Eagle's Landing Parkway is dedicated as the J. T. Williams Honorary Bridge.

BE IT FURTHER RESOLVED thatthe DepartmentofTransportation is authorized and directed to erect and maintain appropriate signs dedicating said bridge. Signs shall be erected on 1-75 North, 1-75 South, and on each end of the bridge.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to J. T. Williams and the Department of Transportation.

PART II WHEREAS, the Champion family was one of the founding families of Harris County, Georgia; and

WHEREAS, this family has lived in the vicinity of the Champion Crossroads for generations; and

WHEREAS, members of the Champion family have been outstanding civic and business leaders and have been instrumental in promoting the growth and development of Harris County; and

WHEREAS, the Champion family has embraced and demonstrated the values espoused by the community and has shown a sincere devotion and commitment to Harris County and all of its citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 18 at its intersection with Bethany Church Road and Hasty Road be dedicated as the Champion Crossroads; and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the Champion Crossroads.

10

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.

PART III WHEREAS, SPC Justin W. Johnson was a member of the United States Army's 1st Cavalry Division, 1st and 82nd Field Artillery serving in Iraq; and

WHEREAS, Justin was born on June 25, 1981, in Portsmouth, Virginia, and moved to Rome, Georgia, when he was four years old; and

WHEREAS, he attended West Central Elementary and Glenwood Elementary schools and graduated from Armuchee High in 2000; and

WHEREAS, he joined the United States Army in January, 2002, in reaction to the attacks on the United States on September 11, 2001; and

WHEREAS, SPC Justin W. Johnson arrived in Baghdad, Iraq, on March 30,2004, and 12 days later on Aprill 0, 2004, while serving as a gunner on an Humvee, was killed in action when his patrol was hit by a roadside bomb; and

WHEREAS, Justin has been awarded the Bronze Star, Purple Heart, National Defense Ribbon, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Good Citizenship Award by the National Society of the Sons of the American Revolution; and

WHEREAS, this courageous soldier, who in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts ofwartime service and in the spirit of humanity strived to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and

WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings ofliberty for this nation and other peoples of the world.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 53 with SR 140 in Floyd County be dedicated as the SPC Justin W. Johnson Memorial Interchange, and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the SPC Justin W. Johnson Memorial Interchange.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of SPC Justin W. Johnson and to the Department of Transportation.

GEORGIA LAWS 2006 SESSION

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PART IV WHEREAS, Joseph Jones, Sr., was born in Atlanta, Georgia, on March 6, 1926, the third of the nine children of Ernest and Carrie Jones; and

WHEREAS, he was educated in the Atlanta Public School System; and

WHEREAS, he fought for his country with the United States Navy and was honorably discharged as Seaman First Class, V-6, on November 28, 1945; and

WHEREAS, in 1945, he was united in marriage to Darnella Shell and to their loving union were born seven children; and

WHEREAS, he was licensed as a minister of the Gospel while a member of Norwood Tabernacle Baptist Church; and

WHEREAS, he worked at Lockheed Martin Aeronautics Company for over 35 years and served as a Business Representative for Machinist Local #709; and

WHEREAS, Reverend Jones was active in his community as the PTA President of Clara Maxwell Pitts Elementary School, and was a member of Ashlar Smooth Masons #574; and

WHEREAS, it is abundantly fitting and proper that the contributions of Reverend Joseph Jones, Sr., in the City ofAtlanta and in the State ofGeorgia be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the memory of Reverend Joseph Jones, Sr., is honored and that the bridge located at the point where SR 70 (Bolton Road) crosses I-285 in Fulton County is dedicated as the Joseph Jones, Sr., Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the bridge.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Reverend Joseph Jones, Sr., and the Department of Transportation.

Approved February 10,2006.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

GENERAL ASSEMBLY; REAPPORTION CERTAIN HOUSE DISTRICTS.

No. 435 (House Bill No. 113 7).

AN ACT

To provide for the composition of state house districts and, in particular, House Districts 5, 12, 46, 48, 50, 51, 167, and 179; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; 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. (a) The General Assembly recognizes that the apportionment of the house districts for the 2004 elections was governed by the interim reapportionment plan entered by order of the United States District Court for theN orthern District of Georgia in the case of Larios v. Cox, 314 F. Supp. 2d 1357 (N.D.Ga. 2004). (b) Except as otherwise provided in this subsection, the districts for House Districts 1 through 180 shall continue to be those districts as provided in the order of the United States District Court in the case of Larios v. Cox. On and after January 1, 2007, House Districts 5, 12,46, 48, 50, 51,167, and 179 shall be as described in a report which is attached to this Act and is made a part of this Act. (c) The first members of the House of Representatives from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 elected pursuant to subsection (b) of this section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2007. Until that time the members of the House of Representatives elected from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 under the interim court order in the case of Larios v. Cox shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of subsection (b) of this section shall be effective, however, for the primary and general elections of2006 for the purpose of electing members of the House of Representatives from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 in 2006 who are to take office in 2007. Successors to those memhers shall likewise be elected under the provisions of this Act.

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

GEORGIA LAWS 2006 SESSION

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

Plan Name: HFCamd48p2 Administrator: H048

Plan Type: House

User: staff

Redistricting Plan Components Report

District 005 Gordon County
Tract: 9701 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 3997 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1993 1994 1995 1996 1997 1998 BG: 2 BG: 3 BG:4 Tract: 9703 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 10261027 1028 1029 1995 1996 BG: 2 BG: 3 BG:4 Tract: 9704 BG: 1 1012 1013 1014 1015 1016 1017 1021 1022 1023 1024 1025 1026 1027 1028 BG:2 BG: 3 Tract: 9705 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 1072

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GENERAL ACTS AND RESOLUTIONS, VOL. I

1073 1074 1075 1076 BG: 2 BG: 3 Tract: 9706 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 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 BG:4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4042 4045 4046 4049 4053 4054 4055 4060 4065 4067 4068 4073 4075 4076 4077 4081 4082 Tract: 9707 BG: 1 1000 1031 1032 1035 Tract: 9708 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 2030 2034 2035 2036 2040 2043 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073

Murray County Tract: 102 BG: 1 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 BG: 5 5002 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5022 5023 5024 5025 Tract: 103 BG: 2
2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2029 2030 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012

GEORGIA LAWS 2006 SESSION

15

30I3 30I4 30I5 30I6 30I7 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 304I 3042 3043 3044 3045 3046 3047 3048 3049 3050 305I 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3994 3995 3996 3997 3998 3999 Tract: I04 BG: I BG: 2 2000 2001 2002 2003 2004 2005 2006 20 I2 2013 2014 2015 2016 20 I 7 20 I8 2019 2020 2021 2022 2023 2024 2025 2026 202 7 2028 BG: 3 BG: 4 Tract: I05 BG: I I005 1006 1007 1008 1009 1010 10I7 BG: 2 2000 200I 2002 2003 2015 2016 2017 2018 20I9 2020 2021 BG: 3 Tract: I06 Tract: 107

District 0 I2 Bartow County
Tract: 9601 BG: 1 1000 I001 1002 1003 1004 I005 1006 I007 1008 I009 1010 101I 10I2 I013 1014 10I5 1035 I036 1037 1038 1039 1040 I041 1042 1043 I044 1045 1046 1047 1048 1049 I050 105I 1052 I053 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 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 110811091110111111121113 11141115 111611171118 BG:2 2000 2001 2002 2003 2004 2010 2011 2012 2013 2014 2032 2033 BG: 3 3006 3007 3022

Gordon County Tract: 9701 BG: 1 BG: 2 BG: 3 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049

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GENERAL ACTS AND RESOLUTIONS, VOL. I

3050 3051 3052 3053 3993 3994 3995 3996 3998 3999 Tract: 9702 BG: 1 1999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 10201021 1022 1023 1024 1025 1030 1031 1032 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1018 1019 1020 1999 Tract: 9705 BG: 1 1071 Tract: 9706 BG: 3 3057 3058 3059 3060 3061 3062 3063 BG:4 400040404041404340444047404840504051405240564057 4058 4059 4061 4062 4063 4064 4066 4069 4070 4071 4072 4074 4078 4079 4080 Tract: 9707 BG: 1 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 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 BG: 2 BG: 3 Tract: 9708 BG: 1 BG: 2 2029 2031 2032 2033 2037 2038 2039 2041 2042 2044 2045 2046 2047 2048 2049 2050 BG: 3 Tract: 9709

Pickens County

District 046 Fulton County
Tract: 10 1.11 BG: 1 1999

GEORGIA LAWS 2006 SESSION

17

Tract: 114.03 Tract: 114.04 BG:2 2018 2019 BG: 6 6020 Tract: 114.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3010 3011 3012 3013 3014 3015 BG: 7 Tract: 114.07 BG: 5 5000 5001 5002 5003 5004 5005 5006 5013 Tract: 115.01 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4055 4056 BG: 5 BG: 9 Tract: 115.02 Tract: 116.04 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 2029 2030 2031 2032 2999 BG:4 4000 4001 4002 4005 4008 4009 4010 4011 4012 4013 4023 4024 4025 4028 4999 BG: 5 5000 5001 5002 5003 5004 5010 5011 5021 Tract: 116.05 BG: 1
1008 1009 1010 1011 1013 1015 1017 1018 1055 BG: 6 6027

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GENERAL ACTS AND RESOLUTIONS, VOL. I

District 048 Fulton County
Tract: 10 1.06 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1995 1998 1999 BG: 2 BG: 3 Tract: 101.07 BG: 1 1002 1003 1004 1005 1006 1999 Tract: 10 1.09 BG: 8 8000 8001 8002 8003 Tract: 10 1.11 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 BG: 3 Tract: 101.12 Tract: 102.04 BG: 1 1000 1001 1002 1003 1999 Tract: 102.08 Tract: 102.09 Tract: 102.10 BG: 2 Tract: 114.05 BG: 1 1009 1010 1012 BG: 3 3007 3008 3009 Tract: 114.06 Tract: 114.07 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5007 5008 5009 5010 5011 5012 BG: 7 Tract: 114.11 BG: 1
1995 1996

GEORGIA LAWS 2006 SESSION

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District 050 Fulton County
Tract: 114.13 BG: 8 8000 8001 8003 8004 8005 8006 8007 Tract: 114.15 BG: 1 1005 1006 1014 1016 1017 1018 1998 1999 Tract: 116.06 BG: 9 9000 9001 9002 9003 9004 9023 9049 9050 9051 9053 9060 9061 9062 9063 9068 Tract: 116.07 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7024 7025 7026 Tract: 116.08 Tract: 116.09 BG: 2 BG: 8 8000 8001 8015 8016 8018 8019
District 051 Fulton County
Tract: 114.13 BG:4 4000 BG: 5 5000 5001 5002 5003 5004 5005 5006 BG: 8 8002 Tract: 114.15 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013 1015 1019 1020 1021 1022 1023 1024 1997 Tract: 116.09 BG: 8 8002 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8017 8020 8021 8022 8023 8998 8999
Gwinnett County Tract: 502.06 BG: 1 1012 1013 1014 1015 1016 1017 1018 1995 1996 1997 Tract: 503.04

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BG: 2 2006 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 BG: 1 1000 1001 1002 Tract: 503.13 BG: 2 2000 2001 2002 2003 2004 2005 2006 Tract: 503.14 BG: 1 BG: 2 2006 2007 2008 BG: 3 3002 3003 3004 Tract: 503.15 BG: 5 BG: 8

District 167 Glynn County
Tract: 10 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 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2130 2131 2132 2133 2134 2135 2136 2137 2138 2196 2197 2198 2199 2200 2201 2202 2203 2204 2998 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 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3100 3101 3102

GEORGIA LAWS 2006 SESSION

21

3103 3104 3105 3106 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 BG: 4 Tract: 3 BG: 1 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 BG: 3 Tract: 4.01 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 2083 2084 2087 2088 2089 2090 2091 2998 2999 Tract: 4.02 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 2031 2032 2033 2034 2035 2036 203 7 203820392040204120422043204420452046204720482049 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 2088 2089 2090 2091 2998 2999 BG: 3 BG:4 BG: 5 5000 5001 5002 5003 5004 5997 5998 5999 Tract: 6 BG:4 4000 4001 4002 4003 4004 4005 4006

Long County

Mcintosh County

Wayne County Tract: 9702 BG: 3

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GENERAL ACTS AND RESOLUTIONS, VOL. I

3000 3001 3002 3003 3004 3005 3006 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4016 4019 4999 Tract: 9706 BG: 1 1000 1001 1002 1003 1004 1005 1006 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 10391040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1998 1999 BG: 2 2000 2001 2002 2003 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 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 3050 3051 3052 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3997 3998 3999

District 179 Glynn County
Tract: 1 Tract: 10 BG: 5 Tract: 2 Tract: 3 BG: 1 1000 1001 1002 1004 1005 1016 1020 1021 1022 1032 1999 BG: 2 Tract: 4.01 BG: 2 2081 2082 2085 2086 2092 Tract: 4.02 BG: 2 2029 2030 BG: 5 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 5030 5990 5991 5992 5993 5994 5995 5996 Tract: 5.01 Tract: 5.02 Tract: 6 BG: 1 BG: 2

GEORGIA LAWS 2006 SESSION

23

BG: 3 BG:4 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4995 4996 4997 4998 4999 BG: 5 Tract: 7 Tract: 8 Tract: 9
Approved March l, 2006.

GENERAL ASSEMBLY; REAPPORTION CERTAIN SENATE DISTRICTS.
No. 436 (Senate Bill No. 386).
AN ACT
To amend Chapter 2 ofTitle 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; 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. Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, is amended by striking subsections (a) and (c) of Code Section 28-2-2, relating to apportionment and qualifications for the Senate, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
'(a)(l) There shall be 56 members ofthe Senate. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combination thereof, and shall be represented by one Senator. The General Assembly recognizes that the apportionment of the senatorial districts for the 2004 elections was governed by the interim reapportionment plan entered by order

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of the United States District Court for theN orthem District of Georgia in the case of Larios v. Cox, 314 F. Supp. 2d 1357(N.D.Ga. 2004). (2) Except as otherwise provided in this paragraph, the districts for Senate Districts 1 through 56 shall continue to be those districts as provided in the order of the United States District Court in the case of Larios v. Cox. On and after January 1, 2007, Senate Districts 46, 4 7, and 49 shall be as described in this paragraph and further identified as 'Plan Name: SFCamd47p2 Plan Type: Senate User: Blake Administrator: S047', which report is attached to the 2006 Act amending this Code section and is made a part of that Act and this paragraph. (3) The first members of the Senate from Senate Districts 46, 47, and 49 elected pursuant to paragraph (2) of this subsection shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2007. Until that time the members of the Senate elected from Senate Districts 46, 47, and 49 under the interim court order in the case of Larios v. Cox shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of paragraph (2) of this subsection shall be effective, however, for the primary and general elections of 2006 for the purpose of electing members of the Senate from Senate Districts 46, 47, and 49 in 2006 who are to take office in 2007. Successors to those members shall likewise be elected under the provisions of this Code section.' '(c) Reserved.'

SECTION 2. An Act providing for the composition and number of state senatorial districts, approved April 11, 2002 (Ga. L. 2002, p. 148), is repealed in its entirety.

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: SFCamd47p2 Administrator: S047

Plan Type: Senate User: Blake

Redistricting Plan Components Report

District 046 Clarke County
Tract: 1 Tract: 12

GEORGIA LAWS 2006 SESSION

25

Tract: 1303 Tract: 1304 Tract: 1305 Tract: 1306 Tract: 1307 Tract: 1403 Tract: 1404 BG: 1 1000 1001 1002 1003 BG: 2 Tract: 1405 BG: 3 3000 3001 3002 3003 3004 3005 3007 Tract: 1503 Tract: 1504 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
BG: 2 BG: 3 Tract: 1505 BG: 1 Tract: 1506 Tract: 17 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 301 Tract: 302 Tract: 4 Tract: 6 Tract: 9

Oconee County

Walton County Tract: 1101 Tract: 1102 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

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2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2072 2073 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 1103 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 3022 Tract: 1104 Tract: 1105.01 Tract: 11 05.02 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 2031 2033 2034 2035 2036 2037 203820392040204120422043204420452046204720482049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3023 Tract: 1106 BG: 1 1000 1001 1002 1003 1004 1005 1015 1034 1035 1036 1037 1038 103910401041104210431044104510461047104819971998 1999 Tract: 1107 BG: 1 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 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 1997 1998 BG: 2 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 20412042 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 2999

District 047

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Barrow County

Clarke County Tract: 1404 BG: l 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
BG: 3 Tract: 1405 BG: 1 BG: 2 BG: 3 3006 Tract: 1406 Tract: 1504 BG: 1 1000 1001 1002 1003 Tract: 1505 BG: 2 BG: 3 Tract: 1507 Tract: 1508 Tract: 1509

Elbert County Tract: 9901 BG: 1 1004 1005 1006 1007 1012 1013 1014 1015 1016 1017 10181019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 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 1067 1068 1996 1997 BG:2 BG: 3 Tract: 9903 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 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1051 1052 1053 1054 1055 BG: 3 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 3996 3997 3998

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Jackson County Tract: 101 BG: 2 2034 2035 2036 2037 2040 2041 2042 2048 2049 2050 2051 2052 2053 2054 2066 2067 2068 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 BG: 3 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 31013102 3103 3104 3105 31063107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3172 3173 3174 3175 3176 3177 3178 3179 3180 Tract: 102 BG: 1 1068 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 10841085 11111112 1113 11141115 1116111711181120 112111221123 11241125 1126112711281129113011311132 1133 1134 Tract: 103 Tract: 104 Tract: 105 Tract: 106 Tract: 107

Madison County

Oglethorpe County

District 049 Hall County

Jackson County Tract: 101 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 2038 2039

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2043 2044 2045 2046 2047 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2069 2130 2131 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 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3082 3083 3084 3085 3166 3167 3168 3169 3170 3171 Tract: 102 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 1034 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 1067 1069 1070 1071 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 11191135

Approved March 1, 2006.

WILEY T. NIXON CAPITOL POST OFFICE.
No. 439 (House Resolution No. 1395).
A RESOLUTION
Honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes.
WHEREAS, the State of Georgia recently lost one of her most distinguished citizens and public servants with the passing of Wiley T. Nixon; and
WHEREAS, Mr. Nixon began a career ofpublic service at the State Capitol in 1969 as a doorkeeper for the House of Representatives and rose to the position of Postmaster, supervising two post offices at the Capitol that deliver thousands of pieces of mail each day; and
WHEREAS, his devotion to duty was exemplary, his job performance was outstanding, and he was well known and respected for his wisdom and wit; and

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WHEREAS, above all else, those who were privileged to know Mr. Nixon will remember him best for his kindness and generosity, as he was a man who loved people and never ceased striving to help others; and

WHEREAS, the General Assembly will be the poorer in his absence but was truly blessed by his presence during his 36 years of public service; and

WHEREAS, it is fitting that Mr. Nixon's contributions to the State of Georgia be recognized with an enduring memorial.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY THAT the Capitol Post Office adjacent to the House Chamber on the third floor of the State Capitol is hereby named the Wiley T. Nixon Capitol Post Office and the Legislative Fiscal Officer is authorized and directed to provide for the placement of an appropriate plaque and signage so designating said facility.

BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Wiley T. Nixon.

Approved March 29, 2006.

PROFESSIONS; VETERINARIANS AND VETERINARY TECHNICIANS; SUBSTANTIAL REVISIONS.
No. 443 (House Bill No. 999).
AN ACT
To amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice ofveterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to change certain provisions relating to supervision required and prohibited activities of technicians; to change certain provisions relating to posting notice of use of veterinary technicians, proper identification, limitation on number of technicians supervised

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and employed, and exceptions; to change certain provisions relating to veterinarian responsibility for veterinary technician's violations of limitations on duties; to authorize the practice of veterinary technology by veterinary assistants under certain circumstances; to provide for supervision and utilization of veterinary assistants; to provide for posting notice of use of veterinary assistants and proper identification; to provide for veterinarian responsibility for veterinary assistant's violations oflimitations on duties; 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 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and veterinary technicians, is amended by striking Code Section 43-50-3, relating to definitions relative to such chapter, and inserting in lieu thereof the following:
'43-50-3. As used in this chapter, the term:
(1) 'Accredited college or school of veterinary medicine' means any veterinary college or school or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association Council on Education or its successor organization. (2) 'Animal' means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. (3) 'AVMA accredited program in veterinary technology' means any postsecondary educational program of two or more academic years that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the American Veterinary Medical Association or its successor organization. (4) 'Board' means the State Board of Veterinary Medicine. (5) 'Direct supervision' means that the licensed veterinarian is on the premises and is quickly and easily available and that the animal patient has been examined by a licensed veterinarian at such time as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task. (6) 'ECFVG certificate or its substantial equivalent' means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or its successor organization indicating the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine. (7) 'Immediate supervision' means the licensed veterinarian is in audible and visual range of the animal patient and the person treating the animal. (8) 'Indirect supervision' means the licensed veterinarian is not on the premises but has given either written or oral instructions for the treatment of the animal

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patient and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated health care task. (9) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (1 0) 'Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind oflegal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. ( 11) 'Practice veterinary medicine' or 'practice of veterinary medicine' means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription, administration, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on, for, or to any animal, including but not limited to acupuncture, animal dentistry, manual or mechanical adjustment procedures, physical therapy, surgery, diagnostic veterinary pathology, any manual, mechanical, biological, or chemical procedure used for pregnancy testing or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above; but not including such administration or dispensing pursuant to prescription or direction of a licensed veterinarian;
(B)(i) To apply or use any instrument or device on any portion of an animal's tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animal's tooth, gum, or related tissue. (ii) To engage in preventive dental procedures on animals including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces. (iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similaritems to clean an animal's teeth; (C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A) and (B) of this paragraph; (D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is legally authorized or qualified to perform an act included in this paragraph. Such use shall be evidence ofthe intention to represent oneself as engaged in the practice of veterinary medicine; (E) To apply principles of environmental sanitation, food inspection, environmental pollution control, zoonotic disease control, and disaster

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medicine in the promotion and protection of pub lie health as it specifically relates to animals. This subparagraph shall apply only to licensed veterinarians and not to other qualified individuals; (F) To collect blood or other samples for the purpose of diagnosing diseases or related conditions. This subparagraph shall not apply to unlicensed professionals employed by or under contract with the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties; or (G) To administer a rabies vaccination to any animal that the state requires to be vaccinated. ( 12) 'Prescription drug' includes any medicine, medication, or pharmaceutical or biological product whose manufacturer's label must, pursuant to federal or state law, have the following statement printed on its packaging: 'Federal law restricts this drug to use by or on the order of a licensed veterinarian'; or any over-the-counter product that is used in a manner different from the label directions and that by definition requires a valid veterinarian-client-patient relationship for prescription or dispensing. (13) Reserved. (14) 'Veterinarian' means a person who has received a doctorate degree in veterinary medicine from a college or school of veterinary medicine. (15) 'Veterinarian-client-patient relationship' means that: (A) The licensed veterinarian or his or her licensed designee has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client (owner or caretaker) has agreed to follow the instruction of the licensed veterinarian; (B) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by the virtue of examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and (C) A licensed veterinarian is readily available for follow up in the case of adverse reactions or failure of the regimen of therapy. (15.1) 'Veterinary assistant' means a person who engages in certain aspects of the practice of veterinary technology but is not registered by the board for such purpose. (16) 'Veterinary facility' means any premises owned or operated by a veterinarian or his or her employer where the practice of veterinary medicine occurs, including but not limited to veterinary hospitals, clinics, or mobile clinics; provided, however, that such term does not include a client's private property where a licensed veterinarian treats the client's animals. ( 17) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.

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( 18) 'Veterinary technician' means a person who engages in the practice of veterinary technology and on the basis of his or her qualifications is validly and currently registered by the board for such purpose. ( 19) 'Veterinary technology' means the science and art of providing certain aspects ofprofessional medical care and treatment for animals and the practice of veterinary medicine as may be delegated and supervised by a licensed veterinarian and performed by a person who is not a licensed veterinarian.'

SECTION 2. Said chapter is further amended by striking the introductory language and paragraph (1) of Code Section 43-50-44, relating to exemptions from licensing and registration requirements, and inserting in lieu thereof the following:
'This article shall not be construed to prohibit: (l)(A) An employee of the federal, state, or local government or any contractual partner thereof from performing his or her duties relating to animals owned by or on loan to such employer or the control of stray animals; or (B) Any employee of a public or private college or university from performing his or her duties relating to animals owned by or on loan to such employer;'.

SECTION 3. Said chapter is further amended by striking Part 3 of Article 3, relating to veterinary technicians, and inserting in lieu thereof the following:

'Part 3 43-50-50. It is the purpose of this part to encourage more effective utilization of the skills of licensed veterinarians by enabling them to delegate certain veterinary health care tasks to veterinary technicians where such delegation is consistent with the animal patient's health and welfare.

43-50-51. (a) Subject to the provisions of this Code section, the practice of veterinary technology by a veterinary technician shall not be a violation of subsection (a) of Code Section 43-50-30 or subsection (a) of Code Section 43-50-45. (b) No veterinary technician shall make a diagnosis or prognosis, prescribe treatment, perform surgery, or prescribe medication for any animal.

43-50-52. (a)(1) Any person desiring to work as a veterinary technician in this state shall apply to the board for a certificate of registration as a veterinary technician. All such applications shall be made on forms provided by the board and shall be accompanied by such fee as may be required by the board. (2) The application shall include evidence, satisfactory to the board, that:

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(A) The applicant has attained the age of 18; (B) The applicant is of good moral character;
(C)(i) The applicant is a graduate of a college or technical school course of study in veterinary technology from an institution accredited by the American Veterinary Medical Association, including without limitation instruction in the operation oflife sustaining oxygen equipment, and has successfully passed an examination required by the board; or (ii) The applicant has successfully completed a college course of study in the care and treatment of animals from an institution having a curriculum approved by the board, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; and (D) The applicant meets such other qualifications or provides such other information as the board may require by rule or regulation. (b) Until July 1, 2009, any person who during the period from July 1, 1993, through June 30, 2008, acquired a minimum of five years' experience assisting a licensed veterinarian may, with a signed affidavit from his or her supervising veterinarian attesting to his or her level of on-the-job training, be allowed to take the examination approved by the board. Upon receiving a passing grade on such examination, the board may issue a certificate of registration. The board shall provide a list of appropriate study materials to candidates. (c) Until January 1, 2005, any person who at anytime prior to July 1, 2003, was certified as a veterinary technician in this state shall be entitled to renew such registration without examination and without meeting any requirements of subparagraph (a)(2)(C) of this Code section. (d) The board may issue a certificate of registration to an applicant if the applicant is currently registered in another state having standards for admission substantially the same as this state and such standards were in effect at the time the applicant was first admitted to practice in the other state. (e) The board shall be responsible for registering any person who wishes to practice as a veterinary technician in this state and in accordance with this part shall govern such practice by board rule or regulation as the board deems appropriate and necessary for the protection of the public health, safety, and general welfare.

43-50-53. (a) The board shall hold at least one registration examination for applicants annually or allow applicants to take automated tests at such locations and at such times as determined by the board. (b) The board shall establish rules or regulations governing the preparation, administration, and grading of the examination. The board may adopt the National Veterinary Technicians Examination prepared by the Professional Examination Service or any other such examination prepared to the board s standards and satisfaction.

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(c) The board shall establish by rule or regulation the score needed to pass any examination. (d) If an applicant fails an examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board under such circumstances as the board deems appropriate. (e) Any veterinary technician in this state whose certificate of registration has been on inactive status for at least five consecutive years and who desires to reactivate such registration shall be required to take continuing education, pay all fees, and meet all other requirements and board rules or regulations for registration as a veterinary technician. It shall be the duty of the board to approve study materials that may be used to assist such persons in preparing for any examination.

43-50-54. (a) Any veterinary technician must at all times be under the supervision of a licensed veterinarian whenever practicing veterinary technology in this state. The level of supervision shall be consistent with the delegated animal health care task. Subject to the provisions of subsection (b) of Code Section 43-50-51, a licensed veterinarian may in his or her discretion delegate any animal health care task to a veterinary technician; provided, however, that the board may establish by rules or regulations, in such general or specific terms as it deems necessary and appropriate for purposes of this part, the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task to be performed by a veterinary technician. Such rules or regulations may require lower levels of supervision for veterinary technicians as compared to veterinary assistants performing the same or similar animal health care tasks. (b) Specifically and without limitation, the board may take disciplinary action against a veterinary technician if the technician:
( l) Solicits patients from a licensed veterinarian; (2) Solicits or receives any form of compensation from any person for veterinary services rendered other than from the licensed veterinarian or corporation under whom the veterinary technician is employed; (3) Willfully or negligently divulges a professional confidence or discusses a licensed veterinarian's diagnosis or treatment without the express permission of the licensed veterinarian; or (4) Demonstrates a manifest incapability or incompetence to perform as a veterinary technician. (c) A veterinary technician shall not be utilized in any manner which would be in violation of this article. (d) A veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.

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43-50-55. (a) Any licensed veterinarian, animal clinic, or animal hospital using veterinary technicians shall post a notice to that effect in a prominent place. (b) A veterinary technician must clearly identify himse If or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the veterinary technician s name appears in a professional setting, his or her status must be shown as 'veterinary technician.'
(c)(l) No licensed veterinarian shall have more than four veterinary technicians on duty under his or her supervision at any one time. (2) No licensed veterinarian shall practice veterinary medicine at a veterinary facility when the number of veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in the practice of veterinary medicine at such veterinary facility by a ratio of more than 2:1. (3) The provisions of paragraphs (1) and (2) of this subsection shall not apply to any licensed veterinarian engaged in a specialty practice if he or she is certified for such specialty practice by a college approved for such purpose by the American Veterinary Medical Association or its successor organization; provided, however, that no such licensed veterinarian shall engage in such specialty practice at a veterinary facility when the number of veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in a specialty practice of veterinary medicine at such veterinary facility by a ratio of more than 5:1.

43-50-56. A veterinarian who utilizes a veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a veterinary technician.'

SECTION 4. Said chapter is further amended by redesignating Code Section 43-50-60, relating to good faith emergency treatment to sick or injured animals and no liability, as Code Section 43-50-80 in Article 4 of said chapter, relating to good Samaritan treatment of animals; by redesignating Code Section 43-50-70, relating to establishing standards for facilities and equipment, monitoring, investigation, and enforcement actions, as Code Section 43-50-90 in Article 5 of said chapter, relating to facilities and equipment; by redesignating Code Section 43-50-71, relating to an exemption for facilities accredited by American Zoo and Aquarium Association or equivalent agency, as Code Section 43-50-91 in Article 5 of said chapter, relating to facilities and equipment; and by adding a new article to read as follows:

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'ARTICLE 3A

43-50-60. It is the purpose of this article to encourage more effective utilization of the skills of licensed veterinarians by enabling them to delegate certain veterinary health care tasks to veterinary assistants where such delegation is consistent with the animal patient's health and welfare.

43-50-61. (a) Subject to the provisions of this Code section, the practice of veterinary technology by a veterinary assistant shall not be a violation of subsection (a) of Code Section 43-50-30 or subsection (a) of Code Section 43-50-45. (b) No veterinary assistant shall make a diagnosis or prognosis, prescribe treatment, perform surgery, prescribe medication, perform a nonemergency intubation, induce anesthesia, perform central venous catheterization, or perform arterial catheterization and arterial collection for any animal.

43-50-62. (a) Any veterinary assistant must at all times be under the supervision of a licensed veterinarian whenever practicing veterinary technology in this state. The level of supervision shall be consistent with the delegated animal health care task. Subject to the provisions of subsection (b) of Code Section 43-50-61, a licensed veterinarian may in his or her discretion delegate any animal health care task to a veterinary assistant; provided, however, that the board may establish by rules or regulations, in such general or specific terms as it deems necessary and appropriate for purposes of this article, the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task to be performed by a veterinary assistant. Such rules or regulations may require higher levels of supervision for veterinary assistants as compared to veterinary technicians performing the same or similar animal health care tasks. (c) A veterinary assistant shall not be utilized in any manner which would be in violation of this article. (d) A veterinary assistant shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.

43-50-63. (a) Any licensed veterinarian, animal clinic, or animal hospital using veterinary assistants shall post a notice to that effect in a prominent place. (b) A veterinary assistant must clearly identify himself or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the veterinary assistant's name appears in a professional setting, his or her status must be shown as 'veterinary assistant.'

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43-50-64. A veterinarian who utilizes a veterinary assistant shall be responsible for any violation of any limitations which are placed on the duties of a veterinary assistant.

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

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

Approved March 30, 2006.

BUILDINGS- CONDEMNATION- EQUITYLOCAL GOVERNMENT - COMPREHENSIVE
REVISION OF EMINENT DOMAIN.
No. 444 (House Bill No. 1313).
AN ACT
To amend Titles 8, 22, 23, and 36 of the Official Code of Georgia Annotated, relating to buildings and housing, eminent domain, equity, and local government, respectively, so as to provide for the comprehensive revision of provisions regarding the power of eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's power of eminent domain; to provide for a new definition ofblighted properties; to provide for other definitions; to provide for a public use requirement for exercising the power ofeminent domain; to change certain provisions relating to the power of eminent domain and the presumption of a public use; to provide for attorney fees in certain cases challenging the use of eminent domain; to provide certain exemptions to the applicability of the power of eminent domain to public utilities; to provide for certain changes regarding eminent domain to require a public use; to change certain provisions regarding when the use of eminent domain is allowed; to provide guidelines for the use of condemnation; to provide for practice and procedure relative to condemnation; to provide for testimony relative to the value of condemned property; to provide for expedited hearings; to provide that the Department of Community Affairs produce a standard notice of rights form; to repeal provisions relating to certain appeals from assessor's awards; to change compensation for special masters; to change provisions relating to the right of appealing the award of the special master in condemnation proceedings; to change provisions relating to the use of condemnation for waterworks; to grant standing to

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municipalities, counties, and housing authorities to seek certain equitable remedies and proceedings; to provide for certain notification requirements; to provide for certain restrictions regarding the use of eminent domain under or in connection with a redevelopment plan and urban redevelopment; to change certain provisions regarding public hearings relating to redevelopment plans; to provide for the reconveyance of condemned property under certain circumstances; to provide for reimbursement ofreasonable costs and expenses incurred because ofcondemnation proceedings; to provide for certain exemptions; to provide for revisions for purposes of conformity; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as "The Landowner's Bill of Rights and Private Property Protection Act."

SECTION 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by inserting a new Code section in Part 2 of Article 1 of Chapter 3, relating to the powers of housing authorities generally, to read as follows:
'8-3-31.1. (a) As used in this Code seCtion, the term 'public use' shall have the meaning specified in Code Section 22-1-1. (b) Any exercise of the power of eminent domain under this chapter or Chapter 4 of this title must:
(1) Be for a public use; and (2) Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-1-1 0.'

SECTION 3. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking Code Section 22-1-1, relating to eminent domain definitions, and inserting in its place a new Code section to read as follows:
'22-1-1. As used in this title, the term:
( 1) 'Blighted property,' 'blighted,' or 'blight' means any urbanized or developed property which:
(A) Presents two or more of the following conditions: (i) Uninhabitable, unsafe, or abandoned structures; (ii) Inadequate provisions for ventilation, light, air, or sanitation; (iii) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under

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state law or has certified the need for disaster assistance under federal law; provided, however, this division shall not apply to property unless the relevant public agency has given notice in writing to the property owner regarding specific harm caused by the property and the owner has failed to take reasonable measures to remedy the harm; (iv) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; (v) Repeated illegal activity on the individual property of which the property owner knew or should have known; or (vi) The maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Property shall not be deemed blighted because of esthetic conditions. (2) 'Common carrier' means any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid. (3) 'Condemnor' or 'condemning authority' means: (A) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (B) Any county or municipality ofthe State of Georgia; (C) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-3-31.1; (D) Any other political subdivision of the State ofGeorgia which possesses the power of eminent domain; and (E) All public utilities that possess the right or power of eminent domain. (4) 'Economic development' means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in: (A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; (C) Lease of property to private entities that occupy an incidental area within a public project; or (D) The remedy of blight. (5) 'Each person with a legal claim' means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. (6) 'Interest' means any title or nontitle interest other than fee simple title. (7) 'Persons' means individuals, partnerships, associations, and corporations, domestic or foreign. (8) 'Property' means fee simple title.

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(9)(A) 'Public use' means: (i) The possession, occupation, or use of the land by the general public or by state or local governmental entities; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property where title is clouded due to the inability to identify or locate all owners of the property; (v) The acquisition ofproperty where unanimous consent is received from each person with a legal claim that has been identified and found; or (vi) The remedy of blight.
(B) The public benefit of economic development shall not constitute a public use. (1 0) 'Public utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. This term shall also include common carriers and railroads.'

SECTION 4. Said title is further amended by striking Code Section 22-1-2, relating to the nature of eminent domain, and inserting in its place a new Code section to read as follows:
'22-1-2. (a) The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereofnor any other condemning authority shall use eminent domain unless it is for public use. Pub lie use is a matter of law to be determined by the court and the condemnor bears the burden of proof. (b) All condemnations shall not be converted to any use other than a public use for 20 years from the initial condemnation.
(c)(1) If property acquired through the power of eminent domain from an owner fails to be put to a public use within five years, the former property owner may apply to the condemnor or its successor or assign for reconveyance or quitclaim of the property to the former property owner or for additional compensation for such property. For purposes of this subsection, property shall be considered to have been put to a public use at the point in time when substantial good faith effort has been expended on a project to put the property

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to public use, notwithstanding the fact that the project may not have been completed. The application shall be in writing, and the condemnor or its successor or assign shall act on the application within 60 days by:
(A) Executing a reconveyance or quitclaim of the property upon receipt of compensation not to exceed the amount of the compensation paid by the condemnor at the time of acquisition; or (B) Paying additional compensation to the former owner of the property, such compensation to be calculated by subtracting the price paid by the condemnor for the property at the time of acquisition from the fair market value of the property at the time the application is filed. (2) If the condemnor fails to take either action within 60 days, the former property owner may, within the next 90 days following, initiate an action in the superior court in the county in which the property is located to reacquire the property or receive additional compensation. (3) The condemnor shall provide notice to each former owner of the property prior to acquisition if the condemnor fails to put such property to a public use within five years. The condemnee shall have one year from the date notice is received to bring an application under this subsection. (d) In the case that property is acquired from more than one owner for the same public use and reconveyance or additional compensation to a single owner is impracticable, any party to the original condemnation or each person with a legal claim in such condemnation may file an action in the superior court in the county in which the property is located for an equitable resolution. (e) This Code section shall not apply to condemnations subject to Code Section 22-3-162 or Title 32.'

SECTION 5. Said title is further amended by inserting new Code sections to read as follows:
'22-1-9. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations and potential condemnations shall, to the greatest extent practicable, be guided by the following policies and practices:
( 1) The condemning authority shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Where the condemning authority seeks to obtain a fee simple interest in real property, real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representatives shall be given an opportunity to accompany the appraiser during his or her inspection of the property, except that the condemning authority may, by law, rule, regulation, or ordinance, prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value;

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(3) Before the initiation of negotiations for fee simple interest for real property the condemning authority shall establish an amount which it believes to be just compensation and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the condemning authority's independent appraisal of the fair market value ofsuch property. The condemning authority shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he or she established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. The condemning authority shall consider alternative sites suggested by the owner of the property as ofthe compensation offered; (4) No owner shall be required to surrender possession of real property before the condemning authority pays the agreed purchase price or deposits with the court in accordance with this title, for the benefit of the owner, an amount not less than the condemning authority's appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding for such property; (5) The construction or development of a project for public use shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his or her business or farm operation without at least 90 days' written notice from the condemning authority of the date by which such move is required; (6) If the condemning authority permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the condemning authority on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the condemnor act in bad faith in order to compel an agreement on the price to be paid for the property; (8) If any legal interest in real property is to be acquired by exercise of the power of eminent domain, the condemning authority shall institute formal condemnation proceedings. No condemnor shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property; and (9) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his or her right to receive just compensation for such property, donate such property, any part thereof, any legal interest therein, or any compensation paid to a condemning authority, as such person shall determine.

22-1-10. (a) Prior to exercising the power of eminent domain, a governmental condemnor shall:

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(I) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use ofthe eminent domain power stating the time, date, and place of such meeting; (2) Attempt to serve the condemnee personally with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If the attempted service is unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in the county legal organ, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. (b) A nongovernmental condemnor shall, with respect to its exercise of the power of eminent domain in general, by action of the governing body or chief executive officer of the condemnor designate who is authorized to approve the exercise of the power of eminent domain by the condemnor and provide a method for documenting the time of the exercise of final approval of a particular exercise of the power of eminent domain by that individual or group of individuals. Such a condemning authority shall with respect to any particular exercise of the power of eminent domain: (1) Not less than 15 days before the documented time of approval of the exercise of eminent domain, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating: (A) that the property is subject to a proposed condemnation which may be initiated after 15 days from the date of posting; (B) the date of posting; and (C) the name, business address, and telephone number of the condemnor; (2) Not less than 15 days before the documented time of approval of the exercise of eminent domain serve the condemnee personally with notice of the proposed condemnation stating: (A) that the property is subject to a proposed condemnation which may be initiated after 15 days from the date of service; (B) the date of service; and (C) the name, business address, and telephone number of the condemnor. If the attempted service is unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, ifdifferent from the property owner, to the parties in possession of the property, return receipt requested; and (3) Provide the condemnee with an opportunity to meet with the individual or group of individuals having the power of documented approval or a representative of such individual or individuals.

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(c) The condemnee may in writing waive any rights of the condemnee under this Code section. (d) Any notice required to be personally served or mailed under this Code section shall be accompanied by a written statement of the rights that the condemnee possesses including but not limited to the right to notice, damages, hearing, and appeal of any award entered by the special master as described in this title. The written statement of rights shall also include the right to bring a motion pursuant to Code Section 22-l-ll as well as a sample motion. The Department ofCommunity Affairs shall promulgate written notice ofrights forms that shall be used for purposes ofthis subsection. The Department ofCommunity Affairs shall promulgate different notice forms for each of the types of condemnation proceedings authorized by law. This subsection shall not become effective until the Department ofCommunity Affairs has promulgated the written notice of rights forms contemplated under this subsection and such forms shall be promulgated no later than January l, 2007. (e) This Code section shall not apply to condemnations for the purposes of constructing or expanding one or more electric transmission lines, to condemnations pursuant to Code Section 46-8-121, or to any condemnations under Title 32.

22-l-lO.l. (a) Except as provided in subsections (b) and (c) of this Code section, no action for condemnation may be brought in any court of this state until at least 30 days after the date of the resolution or documented approval described in Code Section 22-l-10. (b) Ifan emergency condition exists requiring the acquisition ofproperty for the protection of the public health and safety, the condemnor may declare the existence of an emergency and adopt a resolution defining the emergency. Notice and hearing as required by Code Section 22-l-10 may be waived by the condemning body in an emergency condition. (c) This Code section shall not apply to the acquisition or condemnation of property where consent is received from each person with a legal claim that has been identified or found.

22-l-ll. Before the vesting of title in the condemnor and upon motion ofthe condemnee, or within ten days of the entry ofthe special master's award by entry of exception to the case, the court shall determine whether the exercise of the power of eminent domain is for a pub lie use and whether the condemning authority has the legal authority to exercise the power of eminent domain and may stay other proceedings of the condemnation pending the decision of the court. The condemning authority shall bear the burden of proof by the evidence presented that the condemnation is for a public use as defined in Code Section 22-l-l. Nothing in this Code section shall be construed to require the condemnee to seek

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or obtain a special master's award prior to a hearing or decision by the court under this Code section.

22-1-12. In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:
( 1) The final judgment is that the condemning authority cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemning authority.

22-1-13. In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to:
( 1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the property condemned; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; (3) Such other relocation expenses as authorized by law; and (4) With the consent ofthe condemnee, the condemnor may provide alternative site property as full or partial compensation.

22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 shall not apply.'

SECTION 6. Said title is further amended by repealing Code Section 22-2-84.1, relating to appeals to superior court from assessor's award, reasonable expenses, and liability of cost relating to issues of law.

SECTION 7. Said title is further amended by striking Code Section 22-2-100, relating to the definition of"condemning body" and "condemnor," and inserting in its place a new Code section to read as follows:

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'22-2-100. As used in this article, 'condemning body' or 'condemnor' means:
( 1) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch ofthe government of the State of
Georgia; (2) Any county or municipality of the State of Georgia; (3) Any housing authority with approval ofthe governing authority of the city or county as provided in Code Section 8-3-31.1; (4) Any other political subdivision of the State of Georgia which possesses the power of eminent domain; and (5) All public utilities that possess the right or power of eminent domain.

SECTION 8. Said title is further amended by striking Code Section 22-2-102, relating to filing a petition of condemnation and certain requirements and rights attached to said petition, and inserting in its place a new Code section to read as follows:
'22-2-1 02. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall:
( 1) File a petition in a superior court havingjurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130; and (2) At or before the filing of the petition, present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, unless waived by the parties the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. (b) The hearing before the special master shall take place not less than 30 days nor more than 60 days after the date of the entry of the order appointing the special master. (c) The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person

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shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem.'

SECTION 9. Said title is further amended by striking Code Section 22-2-102.1, relating to petitioning superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows:
'22-2-1 02.1. In addition to the requirements set forth in Code Section 22-1-10, whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questi.ons and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment ofjust and adequate compensation therefor.'

SECTION 10. Said title is further amended by striking Code Section 22-2-102.2, relating to contents of petition to superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows:
'22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth:
(1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (6) Such other facts as are necessary for a full understanding of the cause.'

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SECTION 11. Said title is further amended by striking Code Section 22-2-106, relating to compensation for special masters, and inserting in its place a new Code section to read as follows:
'22-2-1 06. (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master and shall be paid by the condemning body. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. (b) The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses.'

SECTION 12. Said title is further amended by striking Code Section 22-2-110, relating to the award of the special master in a condemnation hearing and the form used therein, and inserting in its place a new Code section to read as follows:
'22-2-11 0. (a) The award of the special master or the special master panel, in the event such a panel exists, shall be served in a manner consistent with Code Section 9-11-5 upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. The special master or the special master panel shall mail the award to the condemnor and any condemnees on the date of filing of the award and provide a certificate of service evidencing the mailing of such award. (b) The award shall become a part ofthe record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form:

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AWARD

The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description ofthe property
or interest in the case of------------------ (condemning body) versus----------------------- (acres ofland or other described interest in said land) and _ _ _ _ _ _ _ _ _ (condemnee), Civil action file no._____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of__________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value ofsuch property or interest on the ______ day of______________, at ___:___ _.M., as provided for in the order ofthe court, do decide and recommend to the court as follows:
(1) 1/We find and award to _ _ _ _ _ _, condemnee, the sum of $_ _ _ , as the actual market value of the property or interest sought to be condemned; (2) 1/We find consequential damages to the remaining property or interest in the amount of$________ (3) 1/W e find consequential benefits to the remaining property or interest in the amount of$_____ (never to exceed the amount of the consequential damages); (4) I/We find and award to _______, condemnee, the sum of$ _ _ _ _, as the value of any associated moving costs; (5) Balancing the consequential benefits against the consequential damages, 1/we find and award to the condemnee in this case in the total sum of $________, and 1/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This _____ day of ______________, ____.

Special Master

Assessor

Assessor (d) In any case where there is an appeal from the award of the special master or the special master panel,.in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury.'

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SECTION 13. Said title is further amended by striking Code Section 22-2-112, relating to the right of appealing the award of the special master in condemnation proceedings, and inserting in its place a new Code section to read as follows:
'22-2-112. (a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten calendar days from the service of the award, plus three additional calendar days for mailing of the award. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor's work or the progress thereof. (b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right to a jury trial at the next term of court may be waived by the condemnee.'

SECTION 14. Said title is further amended by striking Code Section 22-2-131, relating to contents in a petition to the superior court for a judgment in rem, and inserting in its place a new Code section to read as follows:
'22-2-131. (a) The petition referred to in Code Section 22-2-130 shall set forth:
( 1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; (6) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (7) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated.'

SECTION 15. Said title is further amended by striking Code Section 22-2-132, relating to requirements of notice and service upon presenting a petition for a judgment in rem, and inserting in its place a new Code section to read as follows:

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'22-2-132. (a) Upon presentation of the petition, the presiding judge shall issue an order requiring the condemnor, the owner ofthe property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required. (b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem.'
SECTION 16. Said title is further amended by striking Code Sections 22-3-60 and 22-3-63, relating to persons constructing and operating waterworks and sewerage systems authorized to lease, purchase, or condemn property or interests, and inserting in their place new Code sections to read as follows:
'22-3-60. Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision after the requirements of Code Section 22-1-10 have been satisfied. Consent shall be granted by resolution or ordinance.'
'22-3-63. Any other provision oflaw to the contrary notwithstanding, any nongovernmental entity which:
(1) Is privately owned and is operated under the collective management and control of the owners; (2) Was in the business ofproviding water supply and sewerage collection and disposal prior to July I, 1978;

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(3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and (4) On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January l, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance:

SECTION 17. Said title is further amended by striking Code Section 22-4-3, relating to the applicability of Code Section 22-1-l, and inserting in its place a new Code section to read as follows:
'22-4-3. The definitions contained in paragraphs (6) and (8) of Code Section 22-1-1 shall not apply to this chapter:

SECTION 18. Title 23 ofthe Official Code of Georgia Annotated, relating to equity, is amended by adding a new Code section to read as follows:
'23-3-73.
All municipalities, counties, and housing authorities shall have standing pursuant to this article.'

SECTION 19. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (b) of Code Section 36-42-8, relating to the powers of downtown development authorities generally, and inserting a new subsection (b) to read as follows:
'(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter; and no such power limits or restricts any other power of the authority except that, notwithstanding any other provision of this chapter, no authority described in this chapter shall be granted the power of eminent domain.

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SECTION 20. Said title is further amended by repealing Code Section 36-42-8.1, relating to the use of the power of eminent domain by a municipality or downtown development authority.

SECTION 21. Said title is further amended by repealing subsection (c) of Code Section 36-44-6, relating to a redevelopment agency's ability to delegate the power of eminent domain, which reads as follows:
'(c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title.'

SECTION 22. Said title is further amended in Chapter 61, the "Urban Redevelopment Law," by adding after Code Section 36-61-3 a new Code Section 36-61-3.1 to read as follows:
'36-61-3 .I. (a) As used in this Code section, the term 'public use' shall have the meaning specified in Code Section 22-1-l. (b) Any exercise of the power of eminent domain under this chapter must:
(1) Be for a public use; and (2) Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-l-l 0.'

SECTION 23. Said title is further amended by designating the existing text of Code Section 36-62-6, relating to the general powers of a development authority, as subsection (a) and by adding a new subsection, to be designated subsection (b), to read as follows:
'(b) This Code section shall not be construed as authorizing an authority as defined in this chapter to exercise the power of eminent domain.'

SECTION 24. Said title is further amended by striking paragraph (I) of subsection (a) of Code Section 36-82-62, relating to power as to undertakings and issuance of revenue bonds by government bodies, and inserting in its place a new paragraph (l) to read as follows:
'(l) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith. For property located within a city, the extraterritorial exercise of eminent domain

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for redevelopment purposes shall be approved by resolution by the governing authority of the city. For property located in an unincorporated area of a county, the extraterritorial exercise of eminent domain for redevelopment purposes shall be approved by resolution by the governing authority of the county. Any such resolution shall be adopted under the procedures specified in Code Section 22-1-10 and shall specifically and conspicuously delineate each parcel to be affected. The requirement for approval by a governing authority under this Code section shall be in addition to any other approval required by Title 22;'.

SECTION 25. Except as provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall only apply to petitions for condemnation filed on or after that date. Sections 2, 3, 6, 12, 13, 17, and 22 and Code Sections 22-1-11, 22-1-12, 22-1-13, and 22-1-14 as enacted by Section 5 of this Act shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

SECTION 26. All laws and parts of laws in conflict with this Act are repealed.

Approved April4, 2006.

EDUCATION; DIRECT CLASSROOM EXPENDITURES; REQUIRED LOCAL MINIMUM.
No. 446 (Senate Bill No. 390).
AN ACT
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for waivers; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Classrooms First for Georgia
Act."
SECTION 2. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, is amended by inserting at the end of such part new Code sections to read as follows:
'20-2-171. (a) For purposes of this Code section, the term:
(1) 'Direct classroom expenditures' means all expenditures by a local school system during a fiscal year for activities directly associated with the interaction between teachers and students, including, but not limited to, salaries and benefits for teachers and paraprofessionals; costs for instructional materials and supplies; costs associated with classroom related activities, such as field trips, physical education, music, and arts; and tuition paid to out-of-state school districts and private institutions for special needs students. This term shall not include costs for administration, plant operations and maintenance, food services, transportation, instructional support including media centers, teacher training, and student support such as nurses and guidance counselors. (2) 'Total operating expenditures' means all operating expenditures by a local school system during a fiscal year, including expenditures from federal, state, and local funds and from any other funds received by a local school system, such as student activity fees. This term shall not include capital outlay expenditures, debt or bond payments, interest on debt or bonds, facility leases, or rental payments. This term shall also not include any costs which are incurred by a local school system to comply with any mandate by statute or by the Georgia Department of Education effective on or after January I, 2006 to add specific non-classroom staff positions. (b) Beginning with fiscal year 2008: (1) Each local schoo I system shall spend a minimum of 65 percent of its total operating expenditures on direct classroom expenditures, except as otherwise provided in this subsection; (2) For any fiscal year in which a local school system bas direct classroom expenditures that are less than 65 percent of its total operating expenditures, the local school system shall be required to increase its direct classroom expenditures by a minimum of 2 percent per fiscal year as a percentage oftotal operating expenditures, beginning in the subsequent fiscal year and each fiscal year thereafter, until it reaches 65 percent. For fiscal year 2008, the baseline year from which the required increase will be determined shall be based on expenditure data from fiscal year 2007; (3) A local school system that has direct classroom expenditures that are less than 65 percent ofits total operating expenditures and that is unable to meet the

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expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable achievement waiver. The waiver request must include evidence that the local school system is exceeding the state averages in academic categories designated by the board, which may include, but not be limited to, criterion-referenced competency tests, the Georgia High School Graduation Test, and the SAT, a plan for obtaining compliance with this Code section, and any other information required at the discretion of the board; and (4) A local school system that has direct classroom expenditures that are less than 65 percent ofits total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable hardship waiver. Waivers granted pursuant to this paragraph shall be limited to extreme situations in which such situation is solely responsible for the local school system's inability to meet the expenditure requirements. Such situations may include, but are not limited to, Acts of God and inordinate unexpected increases in energy and fuel costs. The waiver request must include revenue and expenditure reports and specific details providing compelling evidence as to the impact that the intervening extreme situation had on the local school system's ability to comply with expenditure requirements and any other information required at the discretion of the board. (c) The State Board of Education shall have the authority to impose sanctions against a local school system that fails to comply with the provisions of this Code section or any rules and regulations promulgated pursuant to subsection (e) of this Code section. Such sanctions shall be at the discretion of the board and may include, but not be limited to, requiring the local school system to devise and implement a plan to meet the expenditure requirements of this Code section in the subsequent fiscal year or withholding all or any portion of state funds in accordance with Code Section 20-2-243. (d) The State Board of Education shall be authorized to require the submission of budget information and expenditure data from local school systems for the purposes of verifying compliance with this Code section. (e) The State Board of Education shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.

20-2-172. (a) For the purposes of fiscal years 2007 and 2008 only, the following change to Code Section 20-2-167 shall apply: For each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (b) This Code section shall be automatically repealed on July 1, 2008.'

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SECTION 3. This Act shall become effective July l, 2006.

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

Approved AprilS, 2006.

REVENUE; SALES TAX; REDEFINE DEALER; NONRESIDENT SUBCONTRACTORS
PROVIDING PROPERTY AND SERVICES.
No. 447 (House Bill No. 111 ).
AN ACT
To amend Chapter 8 ofTitle 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change the definition of the term "dealer" for purposes of sales and use taxation; to change certain provisions regarding payment of sales and use tax by contractors furnishing tangible personal property and services; to provide for a definition; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking paragraph (3) of Code Section 48-8-2, relating to definitions regarding sales and use tax, and inserting in its place a new paragraph (3) to read as follows:
'(3) 'Dealer' means every person who: (A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property; (B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state; (C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(D) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property; (E) Maintains or has within this state, indirectly or by a subsidiary, an office, distribution center, salesroom or sales office, warehouse, service enterprise, or any other place of business; (F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state; (G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property; (H) Solicits business by an agent, employee, representative, or any other person; (I) Engages in the regular or systematic solicitation of a consumer market in this state, unless the dealer's only activity in this state is:
(i) Advertising or solicitation by: (I) Direct mail, catalogs, periodicals, or advertising fliers; (II) Means of print, radio, or television media; or (Ill) Telephone, computer, the Internet, cable, microwave, or other communication system; or
(ii) The delivery of tangible personal property within this state solely by common carrier or United States mail. The exceptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any requirements under Code Section 48-8-14; (J) Is an affiliate that sells at retail, offers for sale at retail in this state, or engages in the regular or systematic solicitation of a consumer market in this state through a related dealer located in this state unless: (i) The in-state dealer to which the affiliate is related does not engage in any of the following activities on behalf of the affiliate:
(I) Advertising; (II) Marketing; (Ill) Sales; or (IV) Other services; and (ii) The in-state dealer to which the affiliate is related accepts the return of tangible personal property sold by the affiliate and also accepts the return of tangible personal property sold by any person or dealer that is not an affiliate on the same terms and conditions as an affiliate's return; As used in this subparagraph, the term 'affiliate' means any person that is related directly or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or is subject to the control of a dealer described in subparagraphs (A) through (I) ~f this paragraph or in this subparagraph; or (K) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does

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not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person:
(i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the United States Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person. (L) Each dealer shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless the dealer has fully complied with this article. (M) The commissioner shall promulgate such rules and regulations necessary to administer this paragraph, including other such information, applications, forms, or statements as the commissioner may reasonably require.'

SECTION 2. Said chapter is further amended by striking Code Section 48-8-63, relating to payment of sales and use tax by contractors furnishing tangible personal property and services, and inserting in its place a new Code Section 48-8-63 to read as follows:
'48-8-63. (a) As used in this Code section, the term 'nonresident subcontractor' means a person who does not have a bona fide place of business in Georgia through the maintaining of a permanent domicile or business facility engaged in contracting real property work and who contracts with a prime or general contractor to perform all or any part of the contract of the prime or general contractor or who

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GENERAL ACTS AND RESOLUTIONS, VOL. I

contracts with a subcontractor who has contracted to perform any part of the contract entered into by the prime or general contractor. (b) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and to perform services under the contract within this state shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax imposed by this article at the time of the purchase. Any person so contracting who fails to pay the sales tax atthe time of the purchase or at the time the sale is consummated outside the limits of this state shall be liable for the payment of the sales or use tax. This Code section shall not relieve the dealer who made the sale from such dealer's liability to collect and pay the tax on purchases by a contractor. (c) Each person who contracts to perform services in this state and who is furnished tangible personal property for use under the contract by the person, or such person's agent or representative, for whom the contract is to be performed, when a sales or use tax has not been paid to this state by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors. (d) Each person who orally, in writing, or by purchase order contracts to perform any service the principal part of which is the furnishing of machinery which will not be under the exclusive control of the contractor shall be liable to collect a sales tax on the rental value of the machinery so used. Iflabor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price.
(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00 shall withhold up to 4 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor.

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(f) Whenever a nonresident subcontractor holding a contract with a general or prime contractor has posted with the commissioner either a good and valid bond with a surety company authorized to do business in this state or legal securities in an amount ofnot less than $5,000.00 nor more than $50,000.00, as determined by the commissioner, conditioned that all sales and use taxes which may accrue to this state on account of the execution of contracts that meet the criteria established in paragraph ( 1) ofsubsection (e) ofthis Code section by nonresident subcontractors will be paid when due, no general or prime contractor shall withhold any sums due the nonresident subcontractor under their contract with respect to sales and use taxes. (g) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the United States in the performance of contracts with the United States when the property is not actually used up and consumed in the performance ofthe 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.
(h)(l) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible 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 ofcontracts 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 ofthe amount of tax owed for such tangible personal property. 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. (i) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section.'

SECTION 3. This Act shall become effective July 1, 2006.

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

Approved April 6, 2006.

REVENUE; INCOME TAX CREDIT; QUALIFIED CHILD AND DEPENDENT CARE EXPENSES.
No. 448 (House Bill No. 1080).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified child and dependent care expenses; 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.9, to be designated Code Section 48-7-29.10 to read as follows:
"48-7-29.10. (a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for qualified child and dependent care expenses. Such credit shall be determined by applying a percentage to the amount ofthe credit provided for in Section 21 of the Internal Revenue Code which is claimed and allowed pursuant to the Internal Revenue Code. Such percentage shall be:
( 1) Ten percent for all taxable years beginning on or after January I, 2006, and prior to January 1, 2007; (2) Twenty percent for all taxable years beginning on or after January 1, 2007, and prior to January 1, 2008; and (3) Thirty percent for all taxable years beginning on or after January 1, 2008. (b) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years tax liability. No such tax credit shall be allowed the taxpayer against prior years tax liability.

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(c) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer this Code section:

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2006.

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

Approved April 6, 2006.

LOCAL GOVERNMENT; SPECIAL SERVICES DISTRICTS; NONCONTIGUOUS AREAS.
No. 449 (Senate Bill No. 399).
AN ACT
To amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within ten miles of another noncontiguous area may be treated as the same noncontiguous area; 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 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
'(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 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. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area:

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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 April 6, 2006.

EDUCATION- TRUTH IN CLASS SIZE ACT.

No. 450 (House Bill No. 1358).

AN ACT

To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Truth in Class Size Act."

SECTION 2. Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," is amended by striking subsections (i) and (k) and inserting in their respective places the following:
'(i)( l) It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child s classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be:

(A) Kindergarten program (without full-time aide)

18

(B) Kindergarten program (with full-time aide) . . . . . . . . . . . .

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(C) Primary grades program (1-3) . . . . . . . . . . . . . . . . . . . . . .

21

(D) Upper elementary grades program (4-5) . . . . . . . . . . . . . .

28

(E) Middle grades program (6-8) and middle school program

(6-8) as defined in Code Section 20-2-290 . . . . . . . . . . . . . . . .

28

(2) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article except those programs included in paragraph (1) of this subsection the maximum number of students which may be taught by a teacher in an instructional period. For the remedial education, vocational laboratory, alternative education, and early intervention programs, the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number. For a period not to exceed seven years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section, except for those programs included in paragraph ( 1) of this subsection beginning with the 2006-2007 school year. The State Board ofEducation shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by an amount so that, beginning with the 2007-2008 school year, State Board of Education rules are in compliance with this subsection; provided, however, that this shall not apply to the programs included in paragraph (1) of this subsection beginning with the 2006-2007 school year. (3) The maximum individual class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. The maximum individual class size for all other purposes shall be defined as the maximum number of students that may be taught by a teacher in a class segment. Maximum class sizes for the programs covered in paragraph (2) of this subsection that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. (4) The number of students taught by a teacher at any time after the first 15 school days ofa school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board after

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the first FTE count of a school year as required in subsection (a) of Code Section 20-2-160. The state board may approve said request only in the limited circumstance where educationally justified and where an act of God or other unforeseen event led to the precipitous rise in enrollment within that school system or led to another occurrence which resulted in the local board's inability to comply with this subsection. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education.' '(k)(1) Except as otherwise provided in paragraph (2) of this subsection or in paragraph (1) of subsection (i) of this Code section, for the 2003-2004, 2004-2005,2005-2006, and 2006-2007 school years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12.
(2)(A) For the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be:

(i) High school general education program (9-12), except

32

science ......................................... .

(ii) High school general education program (9-12 ), science only

30

(B) For the 2006-2007 school year, in addition to the maximum individual class size requirements in subparagraph (A) ofthis paragraph, the maximum system average class size for mathematics, science, social studies, and language arts classes shall be:

(i) High school general education program (9-12), except

30

science ....................................... .

(ii) High school general education program (9-12),

28

science only ................................... .

(3) Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the four fiscal years beginning July 1, 2003, and ending June 30, 2007. This subsection shall be automatically repealed July 1, 2007:

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

Approved April 12, 2006.

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CRIMES- REPEAL OFFENSE OF BARRATRY.

No. 451 (House Bill No. 804).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to repeal the offense of barratry; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-10-95, relating to barratry, and inserting in lieu thereof the following:
'16-10-95. Reserved.'

SECTION 2. Said title is further amended by striking division (9)(A)(xv) of Code Section 16-14-3, relating to definitions relative to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," and inserting in lieu thereof the following:
'(xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, and 16-10-91, relating to perjury and other falsifications;'

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

Approved April 14, 2006.

ELECTIONS- CODE REVISION; CORRECTIONS.
No. 452 (Senate Bill No. 467).
AN ACT
To amend Title 21 ofthe 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;

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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 "voter registration card. Unless the candidate" and inserting in its place "voter registration card unless the candidate" in paragraph (1) of subsection (f) of Code Section 21-2-132, relating to the filing notice of candidacy, nomination petition, and affidavit, payment of a qualifying fee, and a pauper's affidavit and qualifying petition for exemption from a qualifying fee in regard to the selection and qualification of candidates and presidential electors. (2) By striking "database" and inserting in its place "data base" in paragraph (1) of subsection (c) of Code Section 21-2-220, relating to the application for registration, identification requirement, rejection for failure to provide required information or for submission of false information, and aid to the disabled or illiterate in regard to the registration of voters. (3) By striking "provisions ofthis sub section" and inserting in its place "provisions of this Code section" in Code Section 21-2-264, relating to the reimbursement of counties and municipalities for costs incurred pursuant to the alteration of election precinct boundaries. (4) By striking "at each primary and election, and the number of stubs" and inserting in its place "at each primary and election and the number of stubs" in Code Section 21-2-283, relating to the printing and safekeeping ofballots and labels by an election superintendent. (5) By striking "provided in this paragraph" and inserting in its place "provided in this subparagraph" in subparagraph (a)(l )(H) of Code Section 21-2-381, relating to the making of an application for an absentee ballot, determination of eligibility by a ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application in regard to absentee voting. (6) By striking "three day period" and inserting in its place "three-day period" in subsection (f) ofCode Section 21-2-381.2, relating to state write-in absentee ballots for certain electors. (7) By striking "three day period" and inserting in its place "three-day period" in subparagraph (a)(l)(G) and by striking the single quotes at the beginning and end of "Official Absentee Ballot" and inserting in their place double quotes in subsection (c) of Code Section 21-2-3 86, relating to the safekeeping, certification, and validation of absentee ballots, the rejection of a ballot, the delivery of ballots to managers, duties of the managers, the precinct returns, and the notification of a challenged elector in regard to absentee voting.

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(8) By striking "as provided in this subsection," and inserting in its place "as provided in this paragraph," in paragraph (2) of subsection (a) of Code Section 21-2-450, relating to the opening of the polls, the procedure when ballot labels are misplaced, certification by managers, machines to be locked until polls open, officers to be near machines, inspection of machines, and broken machines in regard to precincts using voting machines. (9) By striking "to appear on the ballot in this state, or a county, or a municipal election in this state." and inserting in its place "to appear on the ballot in this state or in a county or a municipal election in this state." in paragraphs (2), (7), and ( 11 ), by striking "that official who is designated" and inserting in its place "that official or commission that is designated" in paragraph (13), and by striking "public officer, or any member of the family" and inserting in its place "public officer or any member of the family" in paragraph (14) of Code Section 21-5-3, relating to definitions in regard to ethics in government. (10) By striking "by the state official who appointed the vacating member." and inserting in its place "by the state official or the committee that appointed the vacating member." in subsection (b) of Code Section 21-5-4, relating to the State Ethics Commission. (11) By striking the period and inserting in its place a semicolon at the end of the undesignated text in paragraph (14) of subsection (a) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission. (12) By striking "elected to serve for a term of four years." and inserting in its place "elected to serve for a term of four or more years." in the introductory language of Code Section 21-5-13, relating to limitation of actions in regard to ethics in government. (13) By striking "directly to a candidate" and inserting in its place "directly to or by a candidate" and by striking "except directly by a campaign committee" and inserting in its place "except directly to or by a campaign committee" in subsection (a) of Code Section 21-5-30, relating to contributions made to a candidate or a campaign committee or for the recall of a public officer. (14) By striking "to appear on the ballot in this state, or a county, or a municipal election in this state" and inserting in its place "to appear on the ballot in this state or in a county or a municipal election in this state" in subparagraph (a)(2)(A) and by striking "shall be filed with the election superintendent" and inserting in its place "shall be filed with the commission for a state election or with the election superintendent" in subparagraph (a)(2)(B) of Code Section 21-5-34, relating to disclosure reports in regard to campaign contributions.

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 14, 2006.

OFFICIAL CODE OF GEORGIA ANNOTATED CODE REVISION; CORRECTIONS.
No. 453 (Senate Bill No. 465).
AN ACT
To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions ofthe Code and Acts related thereto 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:
SECTION 1. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended as follows: (1) By striking "Bill Elliott Day" and inserting in its place "'Bill Elliott Day"' in subsection (b) of Code Section 1-4-15, relating to Bill Elliott Day in regard to state holidays and observances.
SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking "February 20, 1985, (7 C.F .R. 51.3195 -51.3209)," and inserting in its place "February 20, 1985 (7 C.F .R. 51.3195-51.3209)," in Code Section 2-14-13 7, relating to standards for grades of Vidalia onions.

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Reserved. Reserved. Reserved. Reserved.

SECTION 3. SECTION 4. SECTION 5. SECTION 6.

SECTION 7. Title 7 of the Official Code ofGeorgia Annotated, relating to banking and finance, is amended as follows: (1) By rearranging the paragraphs to put them in alphabetical order by redesignating paragraph (32) as paragraph (34.1) and by redesignating paragraph (31.1) as paragraph (32), respectively, in Code Section 7-1-4, relating to definitions in regard to provisions applicable to the Department of Banking and Finance and financial institutions generally. (2) By striking the periods and inserting in their place semicolons at the end of paragraphs (l) and (2) and by striking the period and inserting in its place"; and" at the end of paragraph (3) of Code Section 7-1-6, relating to notices and waivers of notice. (3) By striking "state agency for administrative hearings" and inserting in its place "Office ofState Administrative Hearings" in subsection (e) ofCode Section 7-l-71, relating to the removal of officers, directors, or employees from fmancial institutions by the Department of Banking and Finance. (4) By striking "rules and regulations shall be deemed" and inserting in its place "rules and regulations, shall be deemed" in Code Section 7-1-660, relating to dividends and interest in relation to credit unions operation and regulation.

Reserved.

SECTION 8.

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (l) By rearranging paragraphs to put them in alphabetical order by designating current paragraph (2) as paragraph (3) and designating current paragraph (3) as paragraph (2); by designating current paragraph (10) as paragraph ( 11) and designating current paragraph (11) as paragraph (10); and by designating current paragraph ( 19) as paragraph (20), designating current paragraph (20) as paragraph (21), and designating current paragraph (21) as paragraph (19) in subsection (d) of

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Code Section 9-11-9.1, relating to affidavit to accompany charge of professional malpractice. (2) By striking "C.D., E.F. and X.Y.," and inserting in its place "C.D., E.F., and X.Y .," in the form in Code Section 9-11-118, relating to the form of complaint for interpleader and declaratory relief in regard to civil practice. (3) By reserving the designation of repealed Code Section 9-15-5, relating to deposit by nonresident plaintiff, additional deposit, and refund of excess in regard to court and litigation costs.

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking "with the receivership;" and inserting in its place "with the manufacturer or distributor, or is in receivership;" in subparagraph (a)(4)(B) and by striking "Boats that have" and inserting in its place "Any boat that has" in paragraph ( 10) of subsection (d) of Code Section 10-1-677, relating to marine manufacturers and termination of a contractual relationship between dealer and manufacturer. (2) By striking "recreation vehicle dealer" and inserting in its place "recreational vehicle dealer" in subsection (a) and by striking "recreational dealer" and inserting in its place "recreational vehicle dealer" in paragraph (4) of subsection (b) of Code Section 10-1-679.5, relating to the notice required for the termination of or substantial change to dealership agreements with regard to recreational vehicle dealers. (3) By striking "this section" and inserting in its place "this Code section" in Code Section 10-1-679.14, relating to the required franchise agreement for the sale or distribution of recreational vehicles and exceptions in regard to recreational vehicle dealers. (4) By striking the reserved designation from Code Section 10-4-114.1, formerly relating to the grading ofleaftobacco by the Agriculture Marketing Service. (5) By striking "the preceding subsections ofthis Code section" and inserting in its place "subsections (a) through (h) of this Code section" in the introductory language of subsection (i) of Code Section 10-12-4, relating to legal effect, contest based on fraud, authentication or identification, limitations, notary, and application in regard to electronic records and signatures.

Reserved.

SECTION 11.

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: ( 1) By striking "days, times, places and methods," and inserting in its place "days, times, places, and methods," in paragraph (2) of subsection (e) of Code Section 12-3-82.1, relating to permits for investigation, survey, or recovery of deadhead logs.

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(2) By striking the single quotes and inserting in their place double quotes at the beginning and end of"rain sensor shut-off switch" in subsection (a) and by striking "golf courses, or" and inserting in its place "golf courses or" and by striking "non-public water source." and inserting in its place "nonpublic water source." in paragraph (2) of subsection (b) of Code Section 12-5-6, relating to the installation and definition of "rain sensor shut-off switch" and penalty for violations in regard to water resources and conservation and natural resources. (3) By striking "commissioner of the Department of Natural Resources, the commissioner of the Department of Administrative Services," and inserting in its place "commissioner of natural resources, the commissioner of administrative services," in subsection (d) of Code Section 12-5-23.3, relating to notice, privatization, oversight committee, and penalties in regard to the control of water pollution and surface-water use. (4) By striking "Senate Natural Resources Committee," and inserting in its place "Senate Natural Resources and the Environment Committee," in subsection (i) of Code Section 12-5-287, relating to the leasing of state owned marshland or water bottoms. (5) By striking "$500,000" and inserting in its place "$500,000.00" in paragraph (I) of subsection (b) of Code Section 12-5-577, relating to an operating budget, sources of funding, power to enter into contracts and to expend funds, and depositing in regard to the Metropolitan North Georgia Water Planning District. (6) By striking "farmland" and inserting in its place "farm land" in subsection (a) of Code Section 12-6-5.1, relating to legislative findings, reforestation incentives .program authorized, and powers of the State Forestry Commission. (7) By striking "forestlands" and inserting in its place "forest lands" in subsections (a) and (b) ofCode Section 12-6-241, relating to legislative fmdings in regard to the "Forest Heritage Trust Act of 2004." (8) By striking "Director" and inserting in its place "director" in Code Section 12-6-243, relating to the role of the State Forestry Commission under the "Forest Heritage Trust Act of 2004." (9) By striking "land disturbing" and inserting in its place "land-disturbing" in divisions (b)(l5)(C)(i) and (iii) and by striking"; and" and inserting in its place a period at the end ofdivision (b)(15)(C)(iii) ofCode Section 12-7-6, relating to best management practices and minimum requirements for rules, regulations, ordinances, or resolutions in regard to control of soil erosion and sedimentation. (10) By striking "'Groundwater"' and inserting in its place "'Ground water"' in paragraph (3), by striking the single quotes and inserting in their place double quotes at the beginning and end of "preexisting release" in the second sentence of paragraph (5), and by striking "groundwater," and inserting in its place "ground water," in paragraph (1 0) of Code Section 12-8-202, relating to definitions in regard to the "Georgia Hazardous Site Reuse and Redevelopment Act." (11) By striking "groundwater" and inserting in its place "ground water" twice in subsection (a) of Code Section 12-8-207, relating to the limitation of expenses following approval of a corrective action plan in regard to the "Georgia Hazardous Site Reuse and Redevelopment Act."

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( 12) By inserting "As used in this chapter, the term:" before paragraph (I) in Code Section 12-12-3, relating to definitions in regard to the "Georgia Asbestos Safety Act."

Reserved.

SECTION 13.

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (I) By striking the period and inserting in its place a semicolon at the end of subparagraphs (d)(2)(A) through (d)(2)(C) and at the end ofdivision (d)(2)(D)(ii), by striking the period and inserting in its place "; and" at the end subparagraph (d)(2)(E), and by striking "pro-rata contribution" and inserting in its place "pro rata contribution" in subsection (i) of Code Section 15-11-18, which is in effect from January I, 2006, until January I, 2007, relating to the creation of juvenile courts, terms and compensation ofjudges, state grants for judicial salaries, qualifications, presiding judge, practice of law, actions by judges, administration, and expenditures. (2) By striking the period and inserting in its place a semicolon at the end of subparagraphs (d)(2)(A) through (d)(2)(D), by striking the period and inserting in its place "; and" at the end division (d)(2)(E)(ii), and by striking "pro-rata contribution" and inserting in its place "pro rata contribution" in subsection (i) of Code Section 15-11-18, which is effective January 1, 2007, relating to creation of juvenile courts, terms and compensation ofjudges, state grants for judicial salaries, qualifications, presiding judge, practice of law, actions by judges, administration, and expenditures. (3) By striking "under this subsection" and inserting in its place "under this paragraph" in Code Section 15-11-66, relating to the disposition of a delinquent child. (4) By striking "Department of Motor Vehicle Safety" and inserting in its place "Department of Driver Services" in Code Section 15-21-172, relating to the establishment of the Georgia Driver's Education Commission. (5) By striking "Department of Motor Vehicle Safety" and inserting in its place "Department of Driver Services" in subsection (a) of Code Section 15-21-173, relating to members, terms, appointment, vacancies, chairperson and other officers, and employees in regard to the Georgia Driver's Education Commission. (6) By striking "Department of Motor Vehicle Safety" and inserting in its place "Department of Driver Services" in Code Section 15-21-178, relating to disbursement of funds for driver education and training by the Georgia Driver's Education Commission.

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SECTION 16. Title 16 of the Official Code ofGeorgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking "which person resides" and inserting in its place "which such person resides" and by striking "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 inserting in its place "shall contain the photograph taken by the arresting law enforcement agency 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 16-5-110, relating to the publication of notice, information required, assessment for cost, and immunity in regard to the notice of the conviction and the release from confinement of sex offenders. (2) By striking "subsection (a) of this Code section" and inserting in its place "subsection (b) of this Code section" in subsection (c) of Code Section 16-7-29, relating to interference with electronic monitoring devices, the definition of "electronic monitoring device," and penalty. (3) By striking "pursuant to Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services," and inserting in its place "pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services;" in the introductory language and by striking "convicted under Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services," and inserting in its place "convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services;" in the undesignated text at the end of Code Section 16-8-5.1, relating to circumstances permitting inference of intent to avoid payment and exceptions in regard to offenses involving theft. (4) By inserting "As used in this article, the term:" before paragraph (1) and by striking "appraisal reports:" and inserting in its place "appraisal reports;" in paragraph (1) of Code Section 16-8-101, relating to definitions in regard to residential mortgage fraud. (5) By striking "pursuant to (b) of this Code section" and inserting in its place "pursuant to subsection (b) of this Code section" in subsection (c) of Code Section 16-9-109, relating to disclosures by service providers pursuant to investigations in regard to computer systems protection. (6) By striking "As used in this chapter," and inserting in its place" As used in this article," in the introduction of Code Section 16-9-151, relating to definitions in regard to computer security. (7) By striking "subparagraph (A), (B), or (C) of paragraph ( 1) of subsection (a)" and inserting in its place "subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C)" in subsection (a), by striking "subparagraph (B) of paragraph (1) of subsection (a)" and inserting in its place "subparagraph (a)(1)(B)" in the introductory language of

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subsection (c), by striking "origination, transport or termination" and inserting in its place "origination, transport, or termination," in paragraph (1) of subsection (c), and by striking the subparagraph (A) designation of paragraph ( 1) ofsubsection (d) of Code Section 16-9-155, relating to penalties in regard to computer security and forgery and fraudulent practices. (8) By striking "and 'phenylpropanolamine' mean" and inserting in its place "or 'phenylpropanolamine' means" in paragraph ( l) of subsection (a), by striking "sale by self-service," and inserting in its place "sale by self-service" in paragraph ( l) and by striking "Georgia Board of Pharmacy." and inserting in its place "Georgia State Board of Pharmacy." in paragraph (3), by striking "Georgia Board of Pharmacy," and inserting in its place "Georgia State Board of Pharmacy," in subparagraph (B) of paragraph (4), by striking "Effective January 1, 2006 the" and inserting in its place "Effective January l, 2006, this" in paragraph (5), by striking "a fine of not more than $500.00, and," and inserting in its place "a fine of not more than $500.00 and," in subparagraph (B) of of paragraph (6), and by striking "the State Board of Pharmacy" and inserting in its place "the Georgia State Board of Pharmacy" in paragraph (7) ofsubsection (b.1) ofCode Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine and restrictions on sales ofproducts containing pseudoephedrine. (9) By striking "control of the substances" and inserting in its place "control of the substance" in paragraphs (l) and (2) of subsection (b) and by striking "fifteen" and inserting in its place "15" in subsection (d) of Code Section 16-13-30.5, relating to the possession of substances with intent to use or convey such substances for the manufacture of Schedule I or Schedule II controlled substances.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking "multicounty public defender office or its successor," and inserting in its place "Office of the Georgia Capital Defender," in subsection (a) and by striking "multicounty public defender office" and inserting in its place "Office of the Georgia Capital Defender" in subsection (b) of Code Section 17-12-26, relating to the budget of the Georgia Public Defender Standards Council. (2) By striking "or to any individuals," and inserting in its place "or any individuals," in subsection (d) of Code Section 17-14-6, relating to setoff of prior total or partial restitution made to a victim, reduction of the award from the Crime Victims Compensation Board by the amount of restitution, and payment of restitution to governmental entities that have compensated the victim. (3) By striking "pursuant to this chapter" and inserting in its place "pursuant to this article" in subsection (e) of Code Section 17-14-7, relating to the right of the offender to offer a restitution plan to the ordering authority, consideration and adoption of a plan, a hearing to determine restitution, burden of proof, liability among multiple offenders, payment for multiple victims, and waiver of victim s rights.

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Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking "are being determined." and inserting in its place "is being determined." in paragraph (1) of subsection (i), by striking "How, in its determination," and inserting in its place "How, in its determination:" in subparagraph (i)(2)(C), by striking "child caring" and inserting in its place "child-caring" in subparagraph (i)(4)(B), by striking "child rearing" and inserting in its place "child-rearing" and by striking "case by case" and inserting in its place "case-by-case" in division (i)(4)(D)(i), by striking "cost reducing" and inserting in its place "cost-reducing" in subdivision (i)(4)(D)(ii)(II), and by striking "attorneys fees," and inserting in its place "attorney's fees," in paragraph (2) of subsection (1) of Code Section 19-6-15, relating to child support in the final verdict or decree, guidelines for determining the amount of the award, continuation of duty to provide support, and duration of support.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking "pursuant to paragrph (c) of this subsection." and inserting in its place "pursuant to paragraph (1) of this subsection." in paragraph (5) of subsection (b) of Code Section 20-2-212.2, relating to salary increase for persons receiving certification from the National Board for Professional Teaching Standards, leave for preparation, state payment of program participation fee, repayment, and reimbursement.

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

SECTION 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By striking "activities or conduct" and inserting in its place "activities, or conduct" in subsection (c) of Code Section 24-3-37.1, relating to offers of assistance or expressions of benevolence, regret, mistake, error, sympathy, or apologies by a health care provider or the provider s employee or agent.

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(2) By striking "and" at the end of paragraph (1) of subsection (a) and by striking "as calculated herein," and inserting in its place "as calculated in this subsection," in subsection (b) of Code Section 24-9-84.1, relating to how a witness is impeached and use of prior convictions in regard to credibility and evidence.

Reserved.

SECTION 25.

Reserved.

SECTION 26.

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking "subsections (a) and (b) of this Code section, in the possession of a person" and inserting in its place "subsections (a) and (b) ofthis Code section that are in the possession of a person" in subsection (c) of Code Section 27-4-37, relating to the taking of fish by grabbling, noodling, or hand grabbing.

Reserved.

SECTION 28.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (I) By striking "'Third-party payer'" and inserting in its place "'Third-party payor"' and by striking "payer." and inserting in its place "payor." in paragraph (3) of subsection (a) and by striking "Caesarean" and inserting in its place "Cesarean" in subparagraph (c)(13)(C) of Code Section 31-7-280, relating to health care provider annual reports. (2) By striking "payers;" and inserting in its place "payors;" in paragraph (5) of Code Section 31-7-282, relating to collection and submission of health care data in regard to regulation and construction of hospitals and other health care facilities. (3) By striking "Article." and inserting in its place "article." in paragraph (1) of Code Section 31-8-192, relating to "'Health Share' Volunteers in Medicine Act" definitions. (4) By striking "licensed under Title 31" and inserting in its place "licensed under this title" in paragraph (8) of subsection (a) of Code Section 31-12A-6, relating to smokefree air exemptions.

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(5) By striking "the Centers for Disease Control" and inserting in its place "the Centers for Disease Control and Prevention" in subsection (g) of Code Section 31-22-9.2, relating to HIV tests and the report of positive results, counseling, violations, exception for insurance coverage, and exposure of health care provider.

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking "the Georgia Open Records Act." and inserting in its place "Article 4 ofChapter 18 of Title 50." and by striking "the Open Records Act;" and inserting in its place "Article 4 of Chapter 18 of Title 50;" in subsection (m) of Code Section 32-2-79, relating to the requirements for a solicited or unsolicited proposal for a public-private initiative, the public notice of proposed project, a competing proposal, factors for consideration in comparing proposals, letter of intent to negotiate, confidential nature, and limited reimbursement authorized in regard to the exercise of power to contract generally by the Department of Transportation. (2) By inserting the (a) designation at the beginning ofparagraph (1) of Code Section 32-5-30, relating to the allocation of state and federal funds, budgeting periods, and authorization of reduction of funds allocated in regard to public roads. (3) By striking "is not a interstate highway," and inserting in its place "is not an interstate highway," in paragraph (1) of subsection (g) of Code Section 32-6-26, relating to the weight of a vehicle and its load. (4) In Code Section 32-6-27, relating to enforcement of vehicle load limitations, by striking "5 per pound" and inserting in its place "Five cents per pound" at the beginning and by inserting "or" after the semicolon at the end ofparagraph (l) and by striking "the following schedule: 125 percent times, in each category of excess weights, the rate imposed" and inserting in its place "the following schedule: 125 percent times the rate imposed" in paragraph (2) of subsection (a) and by striking subsection (b) and inserting in its place the following:
"(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, however, 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 paragraphs ( l) and (2) of this subsection."

SECTION 32A. By repealing Section 2 of an Act amending Code Section 32-4-22 of the Official Code of Georgia Annotated, approved April28, 2001 (Ga. L. 2001, p. 1215), which section has been codified as and superceded by Code Section 32-4-3, relating to naming state roads, bridges, or interchanges, and which Code section shall remain effective.

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SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking "sales presentations and seminars provided that" and inserting in its place "sales presentations and seminars, provided that" in division (b)(8)(C)(viii) of Code Section 33-6-4, relating to the enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalty in regard to unfair trade practices in insurance. (2) By striking "defined in paragraph (1) or (2) of this subsection (b) or the introductory language of paragraph (3) of this subsection (b) and such contract," and inserting in its place "defined in paragraph (1) or (2) of this subsection or the introductory language of this paragraph and such contract," in subparagraph (b)(3)(E) of Code Section 33-7-6, relating to property insurance, contract requirements, rules and regulations, and exemption in regard to kinds of insurance, limits of risks, and reinsurance. (3) By striking "subparagraph (A) of this paragraph of this Code section." and inserting in its place "subparagraph (A) of this paragraph." in subparagraph (a)(l)(B) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies. (4) By striking "presentations and seminars provided that" and inserting in its place "presentations and seminars, provided that" in subsection (e) of Code Section 33-9-36, relating to unauthorized premiums and unlawful inducements in regard to insurance regulation of rates, underwriting rules, and related organizations. (5) By striking "drug-free workplace; provided, however, an insurer" and inserting in its place "drug-free workplace; provided, however, that an insurer" in subsection (b) of Code Section 33-9-40.2, relating to workers' compensation insurance premium discount for insured with drug-free workplace program. (6) By striking" As used in this article:" and inserting in its place "As used in this article, the term:" in the introductory language ofCode Section 33-20A-31, relating to definitions regarding a patient's right to an independent review in managed health care plans.

SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking "December 31, 2011" and inserting in its place "December 31, 2011," in subsection (c) of Code Section 34-8-151, relating to the rate of employer contributions for unemployment insurance. (2) By striking "subsection (g)" and inserting in its place "subsection (g) of this Code section" in paragraph (1) ofsubsection (h) of Code Section 34-8-153, relating to liability of succeeding employer, computation of rate of contributions, transfers between employers with substantially common ownership, management, or contro 1, transfers made for the purpose of obtaining a lower rate of contribution, and penalties for violations in regard to employment security contributions and payments in lieu of contributions.

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SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking "create their own such policies" and inserting in its place "create its own such policies" and by striking "requirements of this provision" and inserting in its place "requirements of this Code section" in Code Section 35-l-14, relating to written policies for emergency pursuits in regard to law enforcement officers and
agencies. (2) By striking the reserved designation from Code Section 35-3-9.2, formerly relating to the mobile cocaine education van. (3) By striking "the federal Brady Handgun Violence Prevention Act." and inserting in its place "the federal Brady Handgun Violence Prevention Act, 18 U.S.C. Section 921, et seq." in paragraph (I) and by striking "by the Council of Superior Court Clerks" and inserting in its place "by The Council of Superior Court Clerks" in paragraph (2) of subsection (e) of Code Section 35-3-34, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System in regard to the Georgia Crime Information Center of the Georgia Bureau of Investigation. (4) By striking the colon at end of the introduction, by striking "(I) The" and inserting in its place "the", by striking "July I, 2004; and either" and inserting in its place "July 1, 2004, and either:" in present paragraph (1), and by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively, in Code Section 35-3-34.1, relating to circumstances when an exonerated first offender's criminal record may be disclosed. (5) By striking "chairman" and inserting in its place "chairperson" and by striking "vice-chairman" and inserting in its place "vice chairperson" both times each appears in paragraph (1) of Code Section 35-6A-4, relating to the election of officers, meetings, minutes and records, and rules of the Criminal Justice Coordinating Council.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking "forestry lands and" and inserting in its place "forestry lands, and" in Code Section 36-22-l, relating to intent and general provisions in regard to land conservation. (2) By striking "archaeological" and inserting in its place "archeological" in subparagraph (G) and by striking "and similar outdoor activities;" and inserting in its place "or similar outdoor activities;" in subparagraph (I) of paragraph (5) of Code Section 36-22-2, relating to definitions in regard to land conservation. (3) By striking "the commissioner of the Department of Community Affairs," and inserting in its place "the commissioner of community affairs," in subsection (a) of

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Code Section 36-22-3, relating to the creation, members, members' expenses, and administrative affiliation of the Georgia Land Conservation Council. (4) By striking "land conservation project, having complied with state laws, regulations, contracts, and agreements," and inserting in its place "land conservation project; having complied with state laws, regulations, contracts, and agreements;" in subsection (b) of Code Section 36-22-4, relating to land conservation programs, trust and loan funds established, segregation of funds, matching funds, opportunity for taxpayers to contribute, acceptance and administration of property by the department, and partnerships with tax-exempt organizations. (5) By striking "The University System ofGeorgia Cooperative Extension Service" and inserting in its place "the Cooperative Extension Service of the University of Georgia" in subsection (c) of Code Section 36-22-13, relating to the establishment of the Land Conservation Geographic Information System, availability of data and maps to cities and counties, cooperation with other agencies, institutions, and organizations, and assistance to cities and counties. (6) By striking "The purpose of a special services district is to provide special services to a given geographic area" and inserting in its place "The purpose of a special district is to provide services to a given geographic area" in paragraph (1), by striking "a county which has a special services district for the unincorporated area of the county may result in the special services district"and inserting in its place "a county which has a special district for the unincorporated area of the county may result in the special district" in paragraph (2), and by striking "The purpose of a special services district" and inserting in its place "The purpose of a special district" in paragraph (3) of subsection (a) of Code Section 36-31-12, relating to legislative findings, special districts divided into noncontiguous areas, information required in audits, and informational summary in regard to incorporation of municipal corporations. (7) By striking "subsection." and inserting in its place "subsection; and" at the end of subparagraph (d)(l)(D) of Code Section 36-70-25.1, relating to dispute resolution procedures in regard to the coordinated and comprehensive planning and service delivery by counties and municipalities. (8) By striking "As used in the Code section," and inserting in its place "As used in this Code section," in subsection (a) of Code Section 36-70-28, relating to the definition of an affected municipality and the review and revision of strategy in regard to coordinated and comprehensive planning and service delivery by counties and municipalities. (9) By striking "provide service" and inserting in its place "provides service" in paragraph ( 17) of Code Section 36-71-2, relating to definitions in regard to development impact fees. (10) By striking "exempt development's proportionate share" and inserting in its place "exempt development project's proportionate share" in paragraph (3) of subsection (k) of Code Section 36-71-4, relating to the calculation of development impact fees.

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(11) By striking "industries." and inserting in its place "industry." in subsection (b) of Code Section 36-71-5, relating to the Development Impact Fee Advisory
Committee. (12) By striking "an authority, to be known" and inserting in its place "an authority to be known" in subsection (b) of Code Section 36-75-4, relating to public safety and judicial facilities authorities created for each county and municipality, joint authority, and filing with the Secretary of State. (13) By striking "constructed; provided" and inserting in its place "constructed, provided" and by striking "or of local government" and inserting in its place "or of any local government" in paragraph (5) and by striking "however, the agent" and inserting in its place "however, that the agent" in paragraph (6) of Code Section 36-75-7, relating to the power of a local authority in regard to local assistance for the war on terrorism. (14) By striking "subsections (b) or (c)" and inserting in its place "subsection (b) or (c)" in paragraphs (1) and (2) of Code Section 36-81-8.1, relating to the defmition of subrecipient, grant certification forms, filing with the state auditor, forfeiture of funds for noncompliance, and no exemption from liability in regard to local government budgets and audits. (15) By striking "the United States, its departments" and inserting in its place "the United States and its departments" in subparagraph (A) and by striking "the State of Georgia, its departments," and inserting in its place "the State of Georgia and its departments," in subparagraph (B) of paragraph (2) of subsection (a) of Code Section 36-87-2, relating to the authority of counties and municipal corporations to participate in programs and powers in regard to participation in federal programs. (16) By striking "received by the commissioner" and inserting in its place "received by the state revenue commissioner" in paragraphs (2) and (5) of Code Section 36-89-1, relating to definitions in regard to homeowner tax relief grants.

Reserved.

SECTION 37.

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (I) By striking "operator of the home subject to the approval" and inserting in its place "operator of the home, subject to the approval" in paragraph (2) ofsubsection (b) of Code Section 38-4-2, relating to powers and appointment of executive directors of veterans homes.

Reserved.

SECTION 39.

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows:

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( 1) By striking "on a form promulgated by the department," and inserting in its place "on a form promulgated by the department, the following:" in subparagraph (b)(4)(B) of Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers and temporary site permits. (2) By inserting a (b)( 1) designation at the beginning of the undesignated text after subsection (a) and by redesignating the (b)(2) designation as paragraph (2) of subsection (b) of Code Section 40-2-60.1, relating to the administrative process for additional special license plates, legislative findings, rules and regulations, and fees. (3) By striking "laws relating to the use and operation of private passenger cars and trucks and boat trailers" and inserting in its place "laws relating to the use and operation of private passenger cars and trucks" in subsection (b) of Code Section 40-2-86.10, relating to special license plates for police officers wounded in the line of duty. (4) By striking "the Elks major state project," and inserting in its place "the Elks' major state project," in subsection (a) of Code Section 40-2-86.11, relating to the special license plates commemorating the Benevolent and Protective Order of Elks. (5) By striking "'Interjurisdiction movement'" and inserting in its place "'Inteijurisdictionalmovement"' in paragraph ( 13) and by striking "'Intrajurisdiction movement"' and inserting in its place "'Intrajurisdictionalmovement'" in paragraph (14) of Code Section 40-2-87, relating to definitions in regard to reciprocal agreements for registration of commercial vehicles. (6) By striking "drivers'" and inserting in its place "driver's" in subsection (b) of Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards and foreign licenses or identification cards as evidence oflegal presence in the United States. (7) By striking "general education development (GED)" and inserting in its place "general educational development (G ED)" in paragraphs (2) and (4) of subsection (a.l) and by striking "rendering him incapable" and inserting in its place "rendering him or her incapable" in paragraph (3) of subsection (c) of Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements in regard to issuance, expiration, and renewal of drivers' licenses. (8) By striking "driver's" and inserting in its place "drivers'" in paragraph (2.1) of subsection (a) of Code Section 40-5-25, relating to applications and fees in regard to the issuance, expiration, and renewal of drivers' licenses. (9) By striking "the time the 2005 amendment of this Code section becomes law" and inserting in its place "May 2, 2005," in paragraph (2) of subsection (b) of Code Section 40-16-3, relating to the Board of Driver Services and the commissioner. (10) By striking "commissioner of the Department of Motor Vehicle Safety" and inserting in its place "commissioner ofdriver services" in paragraph (1 ), by striking "Commissioner of the Department of Public Safety" and inserting in its place "commissioner of public safety" in paragraph (2), by striking "commissioner of the Department of Transportation" and inserting in its place "commissioner of transportation" in paragraph (3), and by striking "commissioner ofthe Department of Revenue" and inserting in its place "state revenue commissioner" in paragraph

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(4) of subsection (b) of Code Section 40-16-8, relating to the Governor's Commercial Transportation Advisory Committee.

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking "appropriate state official" and inserting in its place "appropriate official" each time it appears in subparagraphs (b)(2)(A) and (b)(3)(A) and both times it appears in each of subparagraph (b)(3)(B) and paragraph (1) of subsection (c), by striking "appropriate state officials" and inserting in its place "appropriate officials" in subparagraph (b)(3 )(C), by striking "The Office of Schoo 1Readiness" and inserting in its place "The Department of Early Care and Learning", and by striking "pursuant to Code Section 20-lA-5" and inserting in its place "pursuant to Code Section 20-lA-8" in paragraph (2) of subsection (c.l) of Code Section 42-1-12, relating to the State Sexual Offender Registry.

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By inserting "Reserved" in subsection (b) of Code Section 43-34-64, relating to acupuncture licensure requirements.

SECTION 44. Title 44 of the Official Code ofGeorgia Annotated, relating to property, is amended as follows: ( 1) By striking "prior to entering active" and inserting in its place "prior to entering active duty" in paragraph (2) of subsection (b) and by striking "as provided for in this subpart" and inserting in its place "as provided for in this Code section" in subsection (e) of Code Section 44-7-22, relating to the termination of a residential rental agreement by a service member in regard to landlords and tenants.

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking "paragraph (3) of Code Section 45-1-4," and inserting in its place "paragraph (3) ofsubsection (a) of Code Section 45-1-4," in subsection (a) of Code Section 45-10-80, relating to public officers prohibited from advancing, employing, or advocating the employment of family members.

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

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(1) By striking '"Electric membership corporation' means a corporation organized under Article 2 of this chapter." and inserting in its place '"Electric membership corporation' has the meaning provided by paragraph (3) of Code Section 46-3-171." in paragraph (2) of Code Section 46-3-3, relating to definitions in regard to the allocation of territorial rights to electric suppliers. (2) By striking "database" and inserting in its place "data base" in paragraph (4) of subsection (a), the introductory language and paragraphs (3) and (4) of subsection (b), and in subsection (d); by striking "a 911 call" and inserting in its place "a 9-1-1 call" in paragraph ( 1) and by striking "the effective date of this Code section." and inserting in its place "July 1, 2005 ." in paragraph (6) of subsection (e); and by striking "the effective date of this Code section," and inserting in its place "July 1, 2005," in subsection (f) of Code Section 46-5-28, relating to the consent required for inclusion of subscribers' names or dialing numbers in a wireless telephone data base or a traditional telephone directory, exceptions, the prohibited disclosure of wireless numbers to telemarketers, violations, and immunity ofservice suppliers for authorized disclosures in regard to general provisions of telephone service. (3) By striking "basic telecommunication services" and inserting in its place "basic telecommunications services" in subsection (a); by striking "$0.05" and inserting in its place "5'', by striking "$0.01" and inserting in its place "1", by striking "$0.15" and inserting in its place "15", and by striking "$0.20" and inserting in its place "20" in subsection (c); by striking "advanced telecommunication system," and inserting in its place "advanced telecommunications system," in subsection (f); by striking "use of telecommunication devices," and inserting in its place "use of telecommunications devices," in subsection (g); and by striking "$0.0 1" and inserting in its place "1" in subsection (i) of Code Section 46-5-30, relating to establishment, administration, and operation of state-wide dual party relay service and audible universal information access service in regard to telephone systems for the physically impaired. (4) By striking "service provider" and inserting in its place "service supplier" the one time the term appears in subsection (a) and the three times the term appears in subsection (c) of Code Section 46-5-124.1, relating to the provision that service suppliers must register certain information with the director of emergency management, updating information, and notices of delinquency in regard to telephone service and the emergency telephone number 9-1-1 system. (5) By striking '"911'" and inserting in its place "9-1-1" in Code Section 46-5-125, relating to the formation of multijurisdictional and regional 9-1-1 systems. (6) By striking "service providers" and inserting in its place "service suppliers" in paragraph (2) of subsection (m) of Code Section 46-5-134, relating to billing subscribers, the liability of a subscriber for a service charge, taxes on the service, establishment of an Emergency Telephone System Fund, records, and use of federal, state, municipal, or private funds in regard to the emergency telephone number 9-1-1 system.

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Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By striking "filling the applicable income tax return," and inserting in its place "filing the applicable income tax return," in division (c)(l)(A)(ii) ofCode Section 48-2-35, relating to refunds in regard to state administrative organization, administration, and enforcement of revenue and taxation. (2) By striking "taxes become delinquent, if and when, that person" and inserting in its place "taxes become delinquent if that person" in subsection (c) of Code Section 48-3-3, relating to executions by tax collectors and commissioners. (3) By striking "shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be" and inserting in its place "shall not be returned for ad valorem taxation and shall not be taxed; and no taxes shall be" in subsection (b) of Code Section 48-5-504.20, relating to an exemption for aircraft owned by a dealer and held in inventory for sale or resale in regard to ad valorem taxation. (4) By striking "the effective date of this Code section," and inserting in its place "Aprill2, 2005," in subsection (b) of Code Section 48-8-14, relating to restrictions on state contracts with nongovernmental vendors filing or refusing to collect sales or use taxes.

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking "names of such adult persons, alone," and inserting in its place "names alone of such adult persons" in subsection (g) and by striking "Further, the department shall be authorized to conduct a name/descriptor based check" and inserting in its place "The department shall be authorized to conduct a name or descriptor based check" in subsection (h) of Code Section 49-2-14, relating to a record search for conviction data on prospective employees in regard to the Department, Commissioner, and Board of Human Resources. (2) By striking "Long-Term" and inserting in its place "Long-term" in Code Section 49-4-160, relating to a short title in regard to the "Georgia Long-term Care Partnership Pro gram Act." (3) By striking "Long-Term" and inserting in its place "Long-term" once in subparagraph (A) of paragraph (1) and twice in paragraph (3) of Code Section 49-4-161, relating to definitions in regard to the Long-term Care Partnership Program. (4) By striking "Long-Term" and inserting in its place "Long-term" once in subsections (a) and (b) and twice in subsection (c) of Code Section 49-4-162, relating to the Georgia Long-term Care Partnership Pro gram established, purposes, and assets to be disregarded with respect to Medicaid eligibility or payment or recovery by the state of payments for medical services.

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(5) By striking "Long-Term" and inserting in its place "Long-term" once in subsection (a) and twice in subsection (b) of Code Section 49-4-163, relating to the eligibility for asset disregard and reciprocal agreements with other states to extend asset disregard mutually in regard to the Georgia Long-term Care Partnership Program. (6) By striking "Department of Education, Division of School Readiness." and inserting in its place "Department of Education." in paragraph (11) of subsection (c) ofCode Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records. (7) By striking "as an employee, unless there is" and inserting in its place "as an employee unless there is" in subsection (d) of Code Section 49-5-69, relating to employment requirements and suspension or revocation of license or criminal penalty for violations in regard to employees' records checks for day-care centers.

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: ( 1) By striking the period and inserting in its place a semicolon at the end of paragraph (7) of Code Section 50-5-51, relating to the power, authority, and duty of the Department of Administrative Services. (2) By striking "high grade office paper" and inserting in its place "high-grade office paper" in paragraph (2) ofsubsection (a) of Code Section 50-5-60.2, relating to the use of recycled content paper products in regard to general authority, duties, and procedure in state purchasing. (3) By striking "commission, institution, authority or other entity of the state" and inserting in its place "commission, institution, authority, or other entity ofthe state" in subsection (b) of Code Section 50-5-80, relating to the unlawful act of making purchases or selling through the Department of Administrative Services for individual ownership, all department purchases remain state property, penalty, and applicability. (4) By striking "state organizations" and inserting in its place "state government organizations" in paragraph (2) and by striking "state organizations;" and inserting in its place "state government organizations;" in paragraph (3) in Code Section 50-5B-3, relating to duties of the state accounting officer, recommendations for improving cash management practices, and implementing policies. (5) By striking "press relations, branding, and use of a 'look;'" and inserting in its place "press relations, branding, and use of a 'look';" in paragraph (5) of subsection (b) and by striking "information using themes, 1ook,' and other marketing elements" and inserting in its place "information using themes, a 'look,' and other marketing elements" in paragraph (6) of subsection (d) ofCode Section 50-7-17, relating to the State-wide Tourism Marketing Program and Georgia Tourism Foundation ofthe Department of Economic Development. (6) By striking "Ex-officio" and inserting in its place "Ex officio" in paragraph ( 1) of subsection (b) of Code Section 50-12-131, relating to membership, terms,

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qualifications, officers, quorum, and powers and duties in regard to the Georgia commission on the Holocaust. (7) By striking "chairman" and inserting in its place "chairperson" both times it appears and by inserting "or her" after "in his" both times it appears in division (12)(B)(iv) of Code Section 50-16-34, relating to the powers and duties of the State Properties Commission generally. (8) By striking "chairman" and inserting in its place "chairperson" the three times it appears and by inserting "or her" after "in his" the four times it appears in subsection (g) of Code Section 50-16-39, relating to public competitive bidding procedure for sales and leases, acceptance or rejection of bids by commission, General Assembly, or Governor, and execution ofleases and deeds in regard to the State Properties Code. (9) By striking "chairman" and inserting in its place "chairperson" both times it appears in the form in paragraph (5) of subsection U) of Code Section 50-16-43, relating to the leasing ofstate owned lands for exploration and extraction of mineral
resources. (10) By striking "institutions, authorities, or other entity of the state" and inserting in its place "institutions, authorities, or other entities of the state" in Code Section 50-16-163, relating to the Department ofAdministrative Services central inventory of personal property and its power to examine books, records, papers, or personal property of state entities to ensure compliance. (11) By alphabetizing paragraphs (7), (8), and (9) by redesignating paragraph (7) as paragraph (9), by redesignating paragraph (8) as paragraph (7), and by redesignating paragraph (9) as paragraph (8), respectively, in Code Section 50-17-100, relating to definitions in regard to interest rate management in relation to state debt, investment, and depositories. (12) By striking "Budget Act," and inserting in its place "Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,"' in paragraphs ( 1) and (2) of subsection (e) and by striking "advisor" and inserting in its place "adviser" both times it appears in paragraph (2) of subsection (g) ofCode Section 50-17-10 1, relating to guidelines, rules, and regulations for interest rate management plans and programs, state parties authorized to enter into, modify, or terminate interest rate management plans, disposition of payments under agreements, obligations, terms, and conditions, and the agency for state and oversight of the Georgia State Financing and Investment Commission. (13) By striking "financial records shall include, but not be limited to" and inserting in its place "financial records shall include but not be limited to" in paragraph (18) of subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required and disclosure of exempting legal authority in regard to the inspection of public records. (14) By striking the period and inserting in its place a semicolon at the end of subparagraph (b)(ll )(H) of Code Section 50-23-5, relating to the purpose, powers, and duties of the Georgia Environmental Facilities Authority.

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( 15) By striking "reside within or without" and inserting in its place "reside inside or outside" in paragraph (3) of subsection (b) of Code Section 50-32-10, relating to the purpose of the Georgia Regional Transportation Authority. (16) By striking "irrigation return flows; and for the purposes of this subparagraph," and inserting in its place "irrigation return flows; for the purposes of this subparagraph," in subparagraph (D) of paragraph (9) of Code Section 50-34-2, relating to definitions relative to the OneGeorgia Authority.

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By striking "CFR" and inserting in its place "C.F.R." in paragraph (1) and division (15)(B)(iv) and by deleting the comma after "doctor" in paragraph (17) of Code Section 51-14-2, relating to definitions in regard to asbestos claims and silica claims.

Reserved.

SECTION 52.

Reserved.

SECTION 53.

SECTION 54. Except for Title 47, the text ofCode 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 2005 supplements to the Official Code of Georgia Annotated published under authority of the state in 2005 by LEX IS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to Prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions ofthis section and shall not be considered a part of the Official Code of Georgia Annotated. The

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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 ofeffective 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 2006 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)(l) Paragraph (2) of Section 15 of this Act shall become effective on January 1, 2007. (2) Paragraph ( 1) of Section 19 of this Act shall become effective on July 1, 2006. (3) Paragraph (6) of Section 40 of this Act shall become effective on July 1, 2006.

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

Approved Aprill4, 2006.

RETIREMENT- CODE REVISION; CORRECTIONS.
No. 454 (Senate Bill No. 466).
AN ACT
To amend Title 4 7 ofthe Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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: (I) By striking the semicolon at the end of division (16)(B)(iii) of Code Section 47-2-1, relating to definitions in regard to the Employees' Retirement System of Georgia. (2) By striking "advisors" and inserting in its place "advisers" in subsection (b) of Code Section 47-2-31, relating to investment powers and the power to employ agents as investment advisers and to make investments in regard to the creation, administration, and management of the assets ofthe Employees Retirement System of Georgia. (3) By striking the (a) designation and by striking "his" and inserting in its place "his or her" both times it appears in Code Section 47-2-55, relating to the pension accumulation fund, purposes, employer contributions, and crediting of interest and dividends earned on funds of the Employees' Retirement System of Georgia. (4) By striking "accumulation fund, provided the payments" and inserting in its place "accumulation fund, provided that the payments" in 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 in regard to the Teachers Retirement System of Georgia. (5) By striking "upon the basis of the mortality tables" and inserting in its place "upon the bases of the mortality tables" in subsection (b) of Code Section 47-6-81, relating to optional retirement allowances in regard to the Georgia Legislative Retirement System.

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 Aprill4, 2006.

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STATE GOVERNMENT; CIVIL WAR COMMISSION; ASSIGNED TO DEPARTMENT OF ECONOMIC DEVELOPMENT.

No. 455 (Senate Bill No. 445).

AN ACT

To amend an Act creating the Civil War Commission, approved April28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of the commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Civil War Commission, approved April28, 1993 (Ga. L. 1993, p. 1952), is amended by striking "That" or "That," wherever the same occurs at the beginning of Sections 1, 2, 3, 4, and 5 of said Act and any subsection or paragraph contained in said sections and by capitalizing the word following immediately in each instance.

SECTION 2. Said Act as amended above is further amended by striking Section 3 and inserting in lieu thereof the following:

'SECTION 3. The commission is assigned to the Department of Economic Development for administrative purposes only. The commissioner of economic development shall appoint personnel within the Department of Economic Development to facilitate the functions of the commission.'

SECTION 3. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by codifying Sections 1, 2, 3, 4, and 5 of an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p.l952), as amended above, as new Code Sections 50-7-60,50-7-61, 50-7-62, 50-7-63, and 50-7-64, respectively, and by designating said new Code sections as new Article 5 of said chapter.

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

Approved Aprill4, 2006.

CONSERVATION- CRIMES- WATERS- STATE PARK LAKES; BOATS; VESSELS WITH ALTERED IDENTIFICATION MARK;
VESSEL NUMBERING AND IDENTIFICATION.
No. 456 (House Bill No. 1490).
AN ACT
To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Article 1 of Chapter 7 of Title 52 ofthe Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to exemptions from vessel numbering requirements; to provide for certain requirements and prohibitions relative to hull identification numbers; to provide for seizure of certain vessels for which hull identification numbers are lacking or have been altered; to provide for forfeiture proceedings; to provide penalties for violations; to provide exemptions from hull identification numbering requirements; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, is amended by striking subsections (e) through (h) and inserting in lieu thereof the following:
'(e) It shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes:
(1) A. H. Stephens Federal Lake and Lake Liberty; or

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(2) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year. (t) Reserved. (g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than paddles or a portable bow or stern mounted electric trolling motor on any of the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. 'Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin or Lake Delano; (5) John D. Tanner Lake (the 12 acre lake); (5.1) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from the day after Labor Day each year through April 30 of the following year; (6) Sweetwater Creek Lake; (7) Hard Labor Creek Lake (the 37 acre lake); (8) Fort Mountain Lake; (9) Vogel Lake; or (10) Unicoi Lake. (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither an electric trolling motor nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00P.M. eastern standard time or 7:00P.M. eastern daylight time, whichever is applicable, and sunset)."

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SECTION 2. Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use ofan article with an altered identification mark, is amended by striking subsection (a) and inserting in lieu thereof the following:
'(a) A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, vessel as defined in Code Section 52-7-3, or other piece of apparatus or equipment, other than a motor vehicle as defined in Code Section 40-1-1, from which he or she knows the manufacturers name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article.'

SECTION 3. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-3, relating to definitions, and inserting in lieu thereof the following:
'52-7-3. As used in this article, the term:
( l) 'Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident. (2) 'Board' means the Board of Natural Resources. (3) 'Boat livery' means a business which holds any vessel for renting, leasing, or chartering. (4) 'Commissioner' means the commissioner of natural resources. (5) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (6) 'Department' means the Department of Natural Resources. (7) 'Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped. (7 .1) 'Hazardous area' means any area which the commissioner has designated as such because of conditions which create a threat to the safety and welfare of boaters who may operate in such area. (8) 'Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank.

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(8.1) 'Homemade vessel' means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels are not considered homemade vessels. (8.2) 'Hull identification number' or 'HIN' means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law. (9) 'Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum. (9.1) 'Issuing authority' means, as to this state, the Department of Natural Resources; and, as to other states, the state if it has a numbering system approved by the United States Coast Guard or the United States Coast Guard if the state that does not have an approved numbering system. ( 10) 'Marine toilet' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out. (11) 'Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel. (12) 'Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation. (13) 'No wake' means that the wake or wash created by the movement of the vessel through the water is minimal. (14) 'Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. ( 15) 'Operator' means the person who operates or has charge of the navigation or use of a vessel. (16) 'Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security. (17) 'Person' means an individual, partnership, firm, corporation, association, or other legal entity. (18) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type Ill, Type IV, or Type V (Hybrid) by the United States Coast Guard.

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(19) 'Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel and which is designed to receive and temporarily retain sewage. (20) 'Power boat' means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof. (21) 'Protected fresh waters' means the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, and West Point Lake. (22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of$2,000.00. (22.1) 'Sailboard' means any sailboat whose unsupported mast is connected by a swivel or a flexible universal joint to a hull similar to the hull of a surfboard. (23) 'Sewage' means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes. (24) 'Undocumented vessel' means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto. (25) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sail boards. (26) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public.'

SECTION 4. Said article is further amended by striking Code Section 52-7-6, relating to exemptions from vessel numbering requirements, and inserting in lieu thereof the following:
'52-7-6. A vessel shall not be required to be numbered under Code Sections 52-7-4 and 52-7-5 if it is:
( 1) Not motor propelled; provided, however, that sailboats 12 feet or more in length shall require registration; (2) Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system

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of another state, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (3) From a country other than the United States, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (4) A vessel whose owner is the United States, a state, or a subdivision thereof, which vessel is used exclusively in the nonrecreation public service and which is clearly identifiable as such; (5) A vessel's lifeboat if the boat is used solely for lifesaving purposes; this exemption does not include dinghies, tenders, speedboats, or other types of craft carried aboard vessels and used for other than lifesaving purposes; (6) A vessel that is used exclusively for racing; (7) A vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that:
(A) The numbering of vessels of such class will not materially aid in their identification; (B) An agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs; and (C) The vessel would also be exempt from numbering if it were subject to the federal law; (8) Operating temporarily by virtue of evidence that a recent application for a certificate of number has been submitted; or (9) Used exclusively on privately owned ponds or lakes, except for those licensed by the Federal Energy Regulatory Commission.'

SECTION 5. Said article is further amended by adding new Code sections to read as follows:
'52-7-7.1. (a) No person shall operate on the waters of this state a vessel manufactured after November I, I972, unless the vessel displays an assigned hull identification number as required by the United States Coast Guard or by the issuing authority, except any of those vessels exempted by Code Section 52-7-7.6. The hull identification number shall be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or the starboard side within two feet of the transom above the waterline in accordance with federal law or as directed by the issuing authority. (b) No person shall operate on the waters of this state a vessel that was manufactured before November I, I972, for which an issuing authority has issued a hull identification number unless the hull identification number is clearly displayed on the hull of the vessel as described in subsection (a) of this Code section. (c) No person shall destroy, remove, alter, cover, or deface the hull identification number, or any plate or decal bearing such number, of any vessel, except to make necessary repairs that require the removal of the HIN. Immediately upon completion of any repairs requiring the destruction, removal, alteration, covering,

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or defacing of a vessel's HIN, the person shall reaffix the hull identification number to the vessel in accordance with federal law or shall apply for a replacement hull identification number from the department. (d) No person shall assign the same hull identification number to more than one vessel. (e) Any person who willfully violates subsection (c) or (d) of this Code section with intent to misrepresent the identity of a vessel so as to convert or defraud shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment.

52-7-7.2. Each vessel manufactured or built after the effective date of this Code section for sale in this state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with federal law and this article. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer's representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer.

52-7-7.3. (a) If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel, and any items used while towing said vessel, may be seized as contraband property by a law enforcement agency or the department and shall be subject to forfeiture. Such vessel shall not be sold or operated on the waters of the state unless the department:
(1) Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or (2) Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number. Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessel's HIN had been altered, removed, destroyed, covered, or defaced. (b) The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof.

52-7-7.4. (a) Property subject to forfeiture under Code Section 52-7-7.3 and in the possession of any state or local law enforcement agency shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.

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(b) The law enforcement agency having possession of any property subject to forfeiture under Code Section 52-7-7.3 shall report such fact within ten days of taking possession to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, state the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the vessel appears and defends the action and can show that he or she was unaware of the fact that the hull identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance ofcustody, advertising, and court costs and upon the vessel being assigned a new hull identification number as provided in this article. (c) Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the vessel be retained by the law enforcement agency or the county in which the vessel is located; or (2) Order that the vessel be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture,

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including the expenses ofmaintenance ofcustody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county. (d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law.

52-7-7.5. (a) It shall be unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in the sale or exchange, supply in blank, authorize, direct, or give away any counterfeit HIN, any counterfeit manufacturer's vessel H IN plate or decal, or any manufacturer's vessel H IN plate decal which is assigned to a vessel to be used for the purpose of identification of a vessel other than the one to which it is assigned; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer or an issuing authority. (b) It shall be unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel, outboard motor, or part thereof on which the HIN or any manufacturer's identification label of any kind has been altered, removed, destroyed, covered, or defaced or to knowingly maintain such vessel, outboard motor, or part thereof in any manner which conceals or misrepresents the true identity of the vessel, the outboard motor, or any part thereof. (c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment.

52-7-7.6. A vessel shall not be required to have a hull identification number under Code Section 52-7-7.1 or 52-7-7.2 ifit is:
( 1) An innertube; or (2) A vessel used exclusively for racing.'

SECTION 6. Said chapter is further amended in Code Section 52-7-13, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, by redesignating subsection (h) as subsection (i) and by adding a new subsection (h) to read as follows:
'(h) The operation of any of the following vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake, and Lake Yonah shall be prohibited:
(1) Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research or dam operation and maintenance craft; or

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(2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10.'

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved Aprill4, 2006.

CONTRACTS- CRIMES- LAW ENFORCEMENTPENAL INSTITUTIONS- PROFESSIONSREVENUE- STATE GOVERNMENTENACT GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT.
No. 457 (Senate Bill No. 529).
AN ACT
To amend Titles 13, 16, 35, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, relating to contracts, crimes and offenses, law enforcement officers and agencies, penal institutions, professions and businesses, revenue and taxation, and state government, respectively, so as to provide for the comprehensive regulation ofpersons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for definitions; to provide for procedures and requirements applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide that the commissioner of public safety is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration laws and related activities; to provide for a definition; to provide for certain training; to provide for funding; to provide for certain authorized activities by certain peace officers; to provide for valid identification documents; to provide for exceptions; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for the comprehensive regulation of private immigration assistance services; to provide for a short title; to provide a

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statement of purpose and definitions; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for additional withholding requirements and procedures; to provide for exceptions; to provide for verification oflawful presence requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law.

SECTION 2. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding two new articles at the end of Chapter 10, to be designated Articles 3 and 4, to read as follows:

"ARTICLE 3

13-10-90. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. (2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department ofHomeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. (3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state. (4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.

13-10-91. (a) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verifY information of all new employees.

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(b)(l) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows:
(A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) ofthis Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website."

SECTION 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section immediately following Code Section 16-5-45, to be designated Code Section 16-5-46, to read as follows:
'16-5-46. (a) As used in this Code section, the term:
(1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or

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(D) Providing a controlled substance, as such term is defined by Code Section 16-13-21, to such person. (2) 'Deception' means: (A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value ofthose services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) 'Sexual servitude' means: (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. (b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects or maintains another in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects or maintains another in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) Any person who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Any person who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years.

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(e) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (f) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense. (g) A corporation may be prosecuted under this Code section for an act or omission constituting a crime under this Code section only if an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of his or her employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring.'

SECTION 4. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section immediately following Code Section 35-2-13, to be designated Code Section 35-2-14, to read as follows:
'35-2-14. (a) As used in this Code section, the term 'peace officer' means peace officer as defined in subparagraph (A) of paragraph (8) of Code Section 35-8-2, as amended. (b) The commissioner is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department ofJustice or DepartmentofHomeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Georgia. (c) The memorandum ofunderstanding negotiated pursuant to subsection (b) of this Code section shall be signed on behalf of the state by the commissioner and the Governor or as otherwise required by the appropriate federal agency. (d) The commissioner shall designate appropriate peace officers to be trained pursuant to the memorandum of understanding provided for in subsections (b) and (c) of this Code section. Such training shall be funded pursuant to the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or any subsequent source of federal funding. The provisions of this subsection shall become effective upon such funding. (e) A peace officer certified as trained in accordance with the memorandum of understanding as provided in this Code section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties.

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SECTION 5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-4-13, to be designated Code Section 42-4-14, to read as follows:
'42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) Ifthe prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and iflawfully admitted, that such lawful status has not expired. If verification oflawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section:

SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 20 to read as follows:

"CHAPTER 20A

43-20A-l. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.'

43-20A-2. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.

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43-20A-3. As used in this chapter, the term:
(1) 'Compensation' means money, property, services, promise of payment, or anything else of value. (2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee s paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (3) 'Immigration assistance service' means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course oflegal action or providing any other assistance that requires legal analysis, legal judgment, or interpretation ofthe law. (4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

43-20A-4. (a) Any person who provides or offers to provide immigration assistance service may perform only the following services:
(1) Completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) Transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) Translating information on forms to a customer and translating the customer's answers to questions posed on those forms; (4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Translating documents from a foreign language into English; (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) Preparing or arranging for the preparation of photographs and fingerprints; (9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) Conducting English language and civics courses; and

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(11) Performing such other services that the office of the Secretary of State determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (b) The following persons are exempt from this chapter: (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance service in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8 C.F.R. 292.2(d); and (4) Any organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. (c) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law. (d) Any person performing such services shall obtain business licenses from the office of the Secretary of State and as may be required by a local governing authority. (e) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place ofbusiness setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (f) Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but must include substantially the same message.

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(g) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (h) Violations of this chapter may result in a fine of up to $1,000.00 per violation. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties. (i) No person engaged in providing immigration services who is not exempted under this chapter shall do any of the following:
(1) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the
law; (2) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) Represent or advertise, in connection with the provision assistance in immigration matters, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language; (4) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage. (j) Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense. (k) The Secretary of State shall issue rules not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.'

SECTION 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-7-21, to be designated Code Section 48-7-21.1, to read as follows:

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'48-7-21.1. (a) As used in this Code section, the term:
(1) 'Authorized employee' means any individual authorized for employment in the United States as defined in paragraph (2) of subsection (a) of 8 U .S.C. Section 1324a. (2) 'Labor services' means the physical performance of services in this state. (b) On or after January 1, 2008, no wages or remuneration for labor services to an individual of $600.00 or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration. (c) This Code section shall not apply to any business domiciled in this state which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. (d) This Code section shall not apply to any individual hired by the taxpayer prior to January 1, 2008. (e) This Code section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer. (t) This Code section shall not apply to wages or remuneration paid for labor services to any individual who holds and presents to the taxpayer a valid license or identification card issued by the Georgia Department of Driver Services. (g) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section.'

SECTION 8. Said title is further amended in Code Section 48-7-101, relating to income tax withholding, by adding a new subsection at the end thereof, to be designated subsection (i), to read as follows:
'(i) Form I 099 withholding and reporting. ( 1) A withholding agent shall be required to withhold state income tax at the rate of 6 percent of the amount of compensation paid to an individual which compensation is reported on Form 1099 and with respect to which the individual has: (A) Failed to provide a taxpayer identification number; (B) Failed to provide a correct taxpayer identification number; or (C) Provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens. (2) Any withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless such withholding agent is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal

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Revenue Service Form 8233 and has provided a copy of such form to the commissioner.'

SECTION 9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:

'CHAPTER 36

50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c) Verification of lawful presence under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety. (6) For prenatal care; or

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(7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States. (e) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) ofthis Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S. C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. (j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits as defined in 8 U. S.C. Section 1611 or state or local benefits as defined in 8 U .S.C. Section 162 1 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section.'

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SECTION 10. (a) Except as otherwise provided in this section, this Act shall become effective on
July 1, 2007. (b) Section 3 of this Act shall become effective on July 1, 2007, and shall not apply to any offense committed prior to July 1, 2007.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved April 17, 2006.

RETIREMENT- PEACE OFFICERS' ANNUITY AND BENEFIT FUND; CREDITABLE SERVICE; PROVISIONAL APPLICATIONS.
No. 458 (House Bill No. 101).
AN ACT
To amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Peace Officers' Annuity and Benefit Fund, so as to provide a statement of legislative findings and intent; to provide that the board of trustees of such fund shall accept provisional applications for creditable service for certain prior service; to provide for proof that certain conditions were met; to provide for funding by the General Assembly; to provide for the payment and possible refund of employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Peace Officers' Annuity and Benefit Fund, is amended by inserting at the end thereof a new Code section to read as follows:
"47-17-71. (a) It is the intent of the General Assembly to provide for the grant of creditable service to any active member of the fund for each month of prior service as a peace officer rendered prior to January 1, 1976, ifduring such period the member was denied membership in the fund or was actively prevented from making such application because of his or her race or ethnicity.

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(b) The board of trustees is authorized and directed to receive the applications of such members as would be eligible to receive creditable service under the terms and conditions as set forth in subsection (c) of this Code section. Entitlement to such creditable service shall attach upon the submission of application, subject to all provisions of this Code section relative to funding. (c) A member wishing to establish creditable service for service performed prior to January 1, 1976, as provided in subsection (a) of this Code section, must make written application to the board of trustees during the six-month period from July 1, 2006 through December 31, 2006, and:
( 1) Provide the board of trustees with such proof of prior service as the board of trustees deems necessary, which shall include, at a minimum, pay records, tax returns, W-2 statements, or a sworn statement of the employer stating that the employment records bear proofof such employment. Such statement shall be subject to a civil fine of $5,000.00 for false swearing; and (2) Provide the board with a sworn statement of the applicant that he or she applied for membership in the fund and was denied membership, or that he or she was actively prevented from making such application because ofhis or her race or ethnicity. Such statement shall be subject to a civil fine of$5,000.00 for false swearing. (d) As soon as practicable following the last day for application, the board of trustees shall cause the actuary for the fund to determine the amount of funding necessary to grant the creditable service to all members whose applications are accepted and approved in accordance without creating any actuarial accrued liability as to the fund, in accordance with the provisions of Chapter 20 of this title, the 'Public Retirement Systems Standards Law.' A pro rata portion of one-half of such amount, determined by the number of months of creditable service requested by each person, shall be assigned as such person's employee contribution required to receive such creditable service. The board of trustees shall notify each applicant of his or her pro rata share, and each such person shall pay such amount to the board of trustees not later than March 1, 2007, or thereafter be ineligible to receive such creditable service. During the regular 2007 session, the General Assembly may appropriate funds sufficient to cover one-half of the amount determined by the actuary as necessary to grant the creditable service, together with any portion of the total required employee contribution which was not received by the board of trustees from the applicants by March 1, 2007. (e) The creditable service provided for in subsection (a) of this Code section shall be granted on July 1, 2007, only if the board of trustees receives the full amount determined by the actuary necessary to implement the provisions of this Code section. Otherwise, the board of trustees shall refund all amounts received from the members as employee contributions, together with regular interest thereon, and this Code section shall thereafter have no effect.'

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SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter20 of Title 47 of the Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July I, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 18, 2006.

DEBTOR AND CREDITOR; GARNISHMENT EXEMPTIONS; INDIVIDUAL RETIREMENT ACCOUNTS.
No. 459 (House Bill No. 149).
AN ACT
To amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; 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 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption ofcertain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
(a) Funds or benefits from a pension or retirement program as defined in 29 U.S.C. Section 1002(2)(A) or funds or benefits from an individual retirement account as defined in Section 408 or 408A of the United States Internal Revenue Code of 1986, as amended, shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to the member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Code Section 18-4-20 for other disposable earnings, unless a greater exemption is otherwise provided by law.'

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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 April 18, 2006.

RETIREMENT- FIREFIGHTERS' PENSION FUND AND CLASS NINE FIRE DEPARTMENT PENSION FUND; MERGER.
No. 460 (House Bill No. 749).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for the merger of the Georgia Firefighters' Pension Fund and the Georgia Class Nine Fire Department Pension Fund; to define a certain term; to provide for a transfer of membership and assets; to repeal Chapter 7A, relating to the Georgia Class Nine Fire Department Pension Fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (3) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof the following:
'(3) 'Firefighter' means a person who is: (A) A full-time employee of a fire department who in the course of full-time employment by and within a department either: (i) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or (ii) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of

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Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or (B) Appointed and regularly enrolled as a volunteer with a class nine fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(l)(D) of Code Section 25-3-23:

SECTION 2. Said title is further amended by inserting at the end of Code Section 47-7-40, relating to eligibility to apply for membership in the Georgia Firefighters' Pension Fund, the following:
'(c) On and after July l, 2006, the membership, assets, and administration of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title shall be transferred to this pension fund, and the Georgia Class Nine Fire Department Pension Fund shall cease to exist as a separate entity. All members so transferred shall receive creditable service for all service credited under such retirement system and shall be entitled to all rights and benefits accorded to members of this retirement system.'

SECTION 3. Said title is further amended by repealing in its entirety subsection (f) of Code Section 47-7-61, relating to the tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, which reads as follows:
"(f) Commencing with the fiscal year ending on June 30, 2001, at the end of each fiscal year, the board shall transfer to the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title an amount equal to the tax revenues collected by the board pursuant to this Code section with respect to gross premiums on policies covering property served by public fire suppression facilities which are rated as class nine under the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent."

SECTION 4. Said title is further amended by striking in its entirety Code Section 47-7-86, relating to creditable service for other pension fund participation for members ofthe Georgia Class Nine Fire Department Pension Fund, and inserting in lieu thereof the following:

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'47-7-86. Reserved.'

SECTION 5. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 18, 2006.

RETIREMENT- GEORGIA FIREFIGHTERS' PENSION FUND; CREDITABLE SERVICE.
No. 461 (House Bill No. 344).
AN ACT
To amend Chapter7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to change certain definitions; to provide for requirements for creditable service; to provide for current membership; 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 paragraphs (3) and (7) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof, respectively, the following:
'(3) 'Firefighter' means a person who is a full-time employee of a fire department who in the course of full-time employment by and within a department either is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services.'

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SECTION 2. Said chapter is further amended by inserting immediately following paragraph (3) of Code Section 47-7-1, relating to definitions, a new paragraph to read as follows:
'(3.1) 'Full-time employment' means working at a permanent job position for at least 40 hours a week.'

SECTION 3. Said chapter is further amended by inserting immediately following paragraph (5) of Code Section 47-7-1, relating to definitions, a new paragraph to read as follows:
'(5.1) 'Part-time employment' means working at a permanent job position for less than 40 hours a week.'

SECTION 4. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof the following:
'(7) 'Volunteer firefighter' means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)( 1)(D) of Code Section 25-3-23:

SECTION 5. Said chapter is further amended by inserting at the end of Code Section 47-7-40, relating to eligibility to apply for membership in the Georgia Firefighters' Pension Fund, a new subsection to read as follows:
'(c) Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a certified firefighter or a candidate for such certification, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in membership any future membership shall be subject to laws and regulations in effect at such time.'

SECTION 6. Said chapter is further amend by inserting at the end of Code Section 47-7-81, relating to the effect of failure of volunteer fire department to hold required drills; effect of volunteer firefighter's failure to meet attendance requirements, a new subsection to read as follows:
'(c) The board is authorized to prescribe the monthly and annual hourly requirements in conjunction with the Georgia Firefighter Standards and Training Council necessary to receive credit for service toward retirement and other benefits under this chapter and to establish the form ofreports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the average weekly hourly requirement be less than 20 hours per week for any calendar year:

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

Approved April 18, 2006.

COURTS; JURY DUTY EXEMPTIONS; PRIMARY CAREGIVER OF CHILD
UNDER SIX; HOME STUDY TEACHER.
No. 462 (House Bill No. 376).
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 exemption for a primary caregiver of a child who is six years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by striking subsection (a), and inserting in lieu thereof the following:
'(a)(l) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chiefjudge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. (2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty. (3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child six years of age or

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younger, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child six years of age or younger and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty. It shall be the duty of the court to provide affidavits for the purpose of this paragraph and paragraph (4). (4) Notwithstanding paragraph (1) of this subsection, any person who is a primary teacher in a home study program as defined in subsection (c) of Code Section 20-2-690 who, during the period of time the person is teaching, requests to be excused or deferred from jury duty and executes an affidavit on a form provided by the court stating that such person is the primary teacher in a home study program and stating that such person has no reasonably available alternative for the child or children in the home study program shall be excused or deferred from jury duty.'

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

Approved Aprill8, 2006.

PROFESSIONS- CRIMES- QUALIFIED MEDICAL AIDES; ADVANCE PRACTICE
REGISTERED NURSES.
No. 463 (Senate Bill No. 480).
AN ACT
To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to amend Code Section 16-13-21 of the Official Code ofGeorgia Annotated, relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to change certain

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provisions relating to the use of a title by a licensed registered nurse or applicant; to provide for a change in certain prohibited activities; to provide for certain information given to the board by licensees; to change a provision relating to a Drug Enforcement Administration license applicability to nurses and physician's assistants; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for construction and limitations related to such delegation; to provide for definitions; to provide for the conditions of a nurse protocol agreement; to provide for execution of prescription drug orders; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new article to read as follows:

'ARTICLE 3

43-26-50. This article shall be known and may be cited as the 'Georgia Qualified Medication Aide Act.'

43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources pursuant to paragraphs (15) and ( 16) of subsection (b) ofCode Section 37-1-20.

43-26-52. As used in this article, the term:
( 1) 'Applicant' means any person seeking certification under this article. (2) 'Board' means the Georgia Board of Examiners of Licensed Practical Nurses established pursuant to Article 2 of this chapter. (3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established

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by the Department of Human Resources pursuant to paragraph (16) of subsection (b) of Code Section 37-1-20 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. A community living arrangement is also referred to as a 'residence.' (4) 'Licensed practical nurse' means an individual who is licensed to practice nursing under Article 2 of this chapter. (5) 'Medication administration record' means a written record of medication ordered for and received by a resident of a community living arrangement. (6) 'Qualified medication aide' means a person who meets the qualifications specified in this article and who is currently certified by the board. (7) 'Physician' means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of this title. (8) 'Registered professional nurse' means an individual who is licensed to practice nursing under Article 1 of this chapter. (9) 'Resident' means an individual in a community living arrangement. (10) 'Supervising nurse' means the registered professional nurse who is responsible for the supervision of a qualified medication aide in a community living arrangement. (11) 'Supervision' means initial and ongoing direction, procedural guidance, and observation and evaluation of the qualified medication aide by a registered professional nurse.

43-26-53. (a) A registered professional nurse or a licensed practical nurse may delegate certain nursing tasks, as set out in Code Section 43-26-56, to no more than 15 qualified medication aides who are working at and employed by community living arrangements. (b) Certification as a qualified medication aide by the board shall constitute a presumption that the qualified medication aide has acquired the necessary knowledge, skills, and experience to perform the delegated nursing task with reasonable skill and safety upon the residents ofcommunity living arrangements. The presumption may be overcome or rebutted by evidence to the contrary, including, but not limited to, the determination that deceptive or fraudulent information was used to obtain certification as a qualified medication aide.

43-26-54. The board shall have the power and responsibility to:
{1) Determine the qualifications and fitness of applicants for certification as a qualified medication aide and renewal of the certificate; {2) Adopt rules and regulations consistent with this article necessary to enable it to carry into effect the provisions of this article, including disciplinary rules;

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(3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of qualified medication aide certificate holders and applicants under this article; (4) Conduct hearings in accordance with the Georgia Administrative Procedure Act regarding the regulation and enforcement of this article; (5) Regulate the acts and practices that are allowed or prohibited for qualified medication aides, in accordance with the provisions of this article; (6) Establish application, examination, and certification fees; (7) Establish requirements for the education and training of qualified medication aides; and (8) Establish continuing education requirements.

43-26-55. (a) The board shall receive applications for certification to be qualified medication aides in Georgia. Each applicant shall meet the following qualifications:
(1) Be at least 18 years of age; (2) Be able to read, write, speak, and understand the English language; (3) Have attained a high school diploma or a general educational development (GED) diploma or the equivalent thereof; (4) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center, as determined by the board. Application for a certificate under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for certification agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance ofa background check; (5) Have completed a prescribed course of study in a qualified medication aide program conducted by the Department of Technical and Adult Education; (6) Have successfully passed a board approved or administered competency exam for qualified medication aides; and (7) Have met such other requirements as may be prescribed by the board. (b) Each qualified medication aide shall, in order to maintain certification, work under the supervision of a registered professional nurse. (c) Certificates issued under this article shall be renewed biennially according to schedules and fees approved by the board.

43-26-56. (a) The following tasks are permitted activities that may be delegated to a qualified medication aide under supervision and are subject to the rules and regulations promulgated by the board:
( 1) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications and medications by gastric ('G' or 'J') tube; (2) Administer insulin under physician direction and protocol;

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(3) Administer medication via metered dose inhaler; (4) Conduct finger stick blood glucose testing following established protocol; (5) Administer commercially prepared disposable enema as ordered by a physician; (6) Administer treatment for skin conditions, including stage I and II decubitus ulcers, following a designated protocol; (7) Assist residents in supervised self-administration of medication; (8) Record in the medication administration record all medications that the qualified medication aide has personally administered, including a resident's refusal to take medication; and (9) Observe and report to the supervising nurse any changes in the resident's condition. (b) The board shall promulgate rules and regulations regarding the activities permitted by this Code section and any other permitted activities, as determined by the board, and those activities that the supervising nurse is prohibited from delegating to a qualified medication aide and that the qualified medication aide is prohibited from performing.

43-26-57. A community living arrangement which utilizes the services of a qualified medication aide shall employ or contract with a registered professional nurse who has responsibility for the supervision of the qualified medication aide. A registered professional nurse under discipline, sanction, or restriction by the Georgia Board of Nursing shall not provide supervision for a qualified medication aide.

43-26-58. (a) The board shall have the authority to refuse to grant or to renew a certificate to an applicant, to revoke the certificate of a certificate holder, or to discipline a certificate holder upon a finding by the board that the applicant or certificate holder has:
(1) Been convicted of a felony, a crime involving moral turpitude, or any crime violating a federal or state law relating to controlled substances or dangerous drugs or marijuana in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to the charge, the granting of first offender treatment without adjudication of guilt, or the withholding of adjudication of guilt on the charges or crime; (2) Had a certificate to practice as a qualified medication aide revoked, suspended, or annulled by any lawful certificating authority of any state or county, had other disciplinary action taken by any lawful certificating authority for any certification or licensure to practice a business or profession, including refusal of certification or licensure, or was denied a certificate by any lawful certificating authority;

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(3) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' includes any departure from, or the failure to conform to, the minimum standards of acceptable and prevailing practice as a qualified medication aide; (4) Violated or attempted to violate a law or any lawfully promulgated rule or regulation of the board, this state, any other state, 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 a qualified medication aide, when the qualified medication aide or applicant knows or should have known that such action violates such law or rule or regulation; (5) Violated a lawful order of the board previously entered by the board or the order of any certifying or licensing authority; or (6) Displayed an inability to practice as a qualified medication aide with reasonable skill and safety due to illness; use of alcohol, drugs, narcotics, chemicals, or any other types of material; or as a result of any mental or physical condition.
(A) In enforcement of this paragraph, the board may, upon reasonable grounds, require a certificate holder or applicant to submit to a mental or physical examination by a board approved health care professional. The expense of such mental or physical examination shall be borne by the certificate holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under contrary law or rule. Every certificate holder and applicant shall be deemed to have given such person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a certificate holder 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 that person's control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any certificate holder or applicant who is prohibited from practicing under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin to practice as a qualified medication aide with reasonable skill and safety. (B) In enforcement of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a certificate holder or applicant, including psychiatric records; such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary law or rule. Every person who is certificated in this state or who shall file an application for said certificate shall be deemed to have given such person's consent to the

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board's obtaining 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 constitute a privileged communication. (b) Neither denial of an initial certificate, the issuance of a private reprimand, nor the denial of a request for reinstatement of a certificate on the grounds that the certificate holder or applicant has failed to meet the minimum requirements shall be considered a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the certificate holder or applicant shall be allowed to appear before the board if he or she so requests.

43-26-59. (a) Nothing in this article shall be construed to limit or repeal Articles 1 and 2 of this chapter, relating to registered professional nurses and licensed practical nurses, respectively. (b) Nothing in this article shall be construed to limit or repeal any existing authority of a physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom.

43-26-60. This article shall be repealed in its entirety on July 1, 2011:

SECTION 2. Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, is amended by striking paragraph (23) and inserting in its place the following:
'(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority ofCode Section 43-34-26.3. For purposes of this chapter and Code Section 43-34-26.3, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (D) A physician's assistant acting pursuant to the authority of subsection (e.l) of Code Section 43-34-103. For purposes of this chapter and subsection (e.l) of Code Section 43-34-103, a physician's assistant is

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authorized to register with the federal Drug Enforcement Administration and appropriate state authorities.'

SECTION 3. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new paragraph to Code Section 43-26-3, relating to definitions, to read as follows:
'( 1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree or other graduate degree approved by the board and national board certification in his or her area of speciality, or a person who was recognized as an advanced practice registered nurse by the board on or before June 30, 2006.'

SECTION 4. Said chapter is further amended by striking paragraph (12) of subsection (a) of Code Section 43-26-5, relating to general powers of the board, and inserting in lieu thereofthe following:
'(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-26.1 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3 ;'

SECTION 5. Said chapter is further amended by striking subsections (a) and (d) ofCode Section 43-26-6, relating to use of title by licensed registered nurses or applicant, and inserting in lieu thereof the following:
'(a) Any person who is licensed as a registered professional nurse shall have the right to use the title 'registered professional nurse' and the abbreviation 'R.N.' Any person recognized by the board as an advanced practice registered nurse shall have the right to use the title 'advanced practice registered nurse' and the abbreviation 'A.P.R.N.' No other person shall assume such titles or use such abbreviations or any other words, letters, signs, or symbols to indicate that such person is a registered professional nurse or an advanced practice registered nurse in Georgia. Nothing in this subsection shall be construed to repeal the right of any person who is licensed as a registered professional nurse or recognized by the board as an advanced practice registered nurse on June 30, 2006, to be licensed and to use the title 'registered professional nurse' or to use the title 'advanced practice registered nurse,' respectively.' '(d) Any person who is licensed as a registered professional nurse shall identify that he or she is so licensed by displaying either the title 'registered professional nurse' or 'registered nurse,' the abbreviation 'R.N.,' the title 'advanced practice registered nurse,' or the abbreviation 'A.P.R.N.' on a name tag or other similar

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form of identification during times when such person is providing direct patient care.'
SECTION 6. Said chapter is further amended by striking paragraph (4) of Code Section 43-26-10, relating to the prohibition of practicing as a registered professional nurse without a license, and inserting in lieu thereof the following:
'(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article;'

SECTION 7. Said chapter is further amended by adding a new Code Section 43-26-13 to read as
follows: '43-26-13. A licensee may, in lieu of providing his or her home address, provide the board a legitimate business address for purposes of the public information made available by the board with regard to licensed registered professional nurses.'

SECTION 8. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by striking subsection (g) of Code section 43-34-26.1, relating to delegation of authority to a nurse or physician s assistant, and inserting in lieu thereof the following:
'(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse who is not an advanced practice registered nurse.'

SECTION 9. Said article is further amended by adding a new Code Section 43-34-26.3 to read as follows:
'43-34-26.3. (a) As used in this Code section, the term:
(1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Human Resources as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71.

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(5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used to identify a characteristic or distinguishing feature of a particular disease or condition. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 5 1-1-29.4. (9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. ( 11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter and:
(A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within SO miles from the location where the nurse protocol agreement is being utilized within this state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (14) 'Professional sample' means a complimentary dose ofa drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies or in life-threatening situations radiographic imaging tests. (c). A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall:

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(1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes ofconsultation may designate another physician who concurs with the terms of the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent to which radiographic image tests may be ordered, and the circumstances under which a prescription drug order may be executed. In the event the delegating physician authorizes the advanced practice registered nurse to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol agreement shall contain provisions whereby such X-ray, ultrasound, or radiographic imaging test shall be read and interpreted by a physician who is trained in the reading and interpretation of such tests; a report of such X-ray, ultrasound, or radiographic imaging test may be reviewed by the advanced practice registered nurse; and a copy of such report shall be forwarded to the delegating physician, except that such provision for an ultrasound shall not be required for an advanced practice registered nurse acting within his or her scope of practice as authorized by Code Sections 43-26-3 and 43-26-5. (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are specific to the medical acts authorized by the delegating physician; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such records as determined by the delegating physician; (6) Provide for patient evaluation or follow-up examination by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection, with the frequency of such evaluation or follow-up examination based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician in accordance with paragraph (3) of this subsection and accepted standards ofmedical practice as determined by the board; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board; and (9) Provide that a patient who receives a prescription drug order for any controlled substance pursuant to a nurse protocol agreement shall be evaluated or examined by the delegating physician or other physician designated by the

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delegating physician pursuant to paragraph (2) of this subsection on at least a quarterly basis or at a more frequent interval as determined by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's name and address, the drug or device ordered, directions with regard to the taking and dosage of the drug or use of the device, and the number of refills. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-4-80, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (t) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse that is practicing: (1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity:
(A) Which is exempt from federal taxes pursuant to Section 501 (c)(3) ofthe Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all

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physician services to enrollees in health benefits of the health maintenance organization. (h) Nothing in this Code section shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order of an advanced practice registered nurse issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (I) Nothing in this Code section shall be construed to allow an advanced practice registered nurse to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause an abortion to occur pharmacologically. (m) The board shall have the authority to promulgate rules and regulations governing a delegating physician in order to carry out the intents and purposes of this Code section. Further, the board shall be authorized to: (1) Require that a nurse protocol agreement shall be filed by the delegating physician with the board within a reasonable time from the date of execution; (2) Determine, after review of a filed nurse protocol agreement, if such nurse protocol agreement fails to meet accepted standards of medical practice as established by the board; and (3) Require the delegating physician to amend any such noncompliant nurse protocol agreement in order to meet such accepted standards. (n) Except for practice settings identified in paragraph (7) of subsection (g) of this Code section, it shall be unlawful for a physician to be an employee of an advanced practice registered nurse, alone or in combination with others, if the physician is required to supervise the employing advanced practice registered nurse. Such conduct shall be subject to sanctions by the Georgia Board of Nursing as to the advanced practice registered nurse and the board as to the physician:

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

Approved April 18, 2006.

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GAME AND FISH- CAPUCHIN MONKEY; DISABLED ASSISTANCE.

No. 464 (House Bill No. 695).

AN ACT

To amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance ofpermits for certain animals to assist persons with disabilities under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Disabled Assistants Act."

SECTION 2. Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, is amended in Code Section 27-5-4, relating to wild animal licenses and permits, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b)(l) Except as provided in paragraph (2) of this subsection, wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes, to persons with a permanent disability or disease as provided and for the purpose described in paragraph (2) of this subsection, or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state. (2) The department shall issue a wild animal permit only for an animal in the genus Cebus (capuchin monkeys) to any person who establishes to the satisfaction of the department that:
(A) Such person has a permanent disability or disease which interferes with the person's ability to perform one or more routine daily living activities;

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(B) The animal for which the permit is to be issued has been trained to assist the person in performing his or her daily living activities; (C) The animal will be humanely treated and will not present a health or safety threat; (D) The animal for which the permit is to be issued is the only wild animal to be possessed by that person; (E) The permittee does not have a history of violating this chapter; and (F) The organization furnishing the animal to the applicant:
(i) Is reputable, lawful, and does not have any history of violating this chapter; (ii) Provides to the department documentation and data sufficient to establish that the organization has a proven record, over at least a ten-year period, of furnishing animals which provide meaningful assistance to persons with disabilities; and (iii) Has received and maintained a nonprofit, tax-exempt status. (3) Permits issued under the provisions of paragraph (2) of this subsection shall be issued only to individuals and are nontransferable. (4) Capuchin monkeys possessed under the provisions ofparagraph (2) ofthis subsection are exempt from the requirements ofparagraph (5) of subsection (k) of Code Section 27-5-4 but must be treated humanely and shall be kept only in the residence of the permittee. When transported, the monkey must be in a USDA approved carrier and there shall be no contact allowed between the public and monkey when outside the permittee's residence. Under no circumstances may the monkey be present on premises where food is sold.'

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 Aprill8, 2006.

GENERAL PROVISIONS- RONALD REAGAN DAY. No. 465 (House Bill No. 713). AN ACT
To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to

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make certain legislative observations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 1 ofthe Official Code of Georgia Annotated, relating to holidays and observations, is amended by inserting at the end thereof the following:
'1-4-15. (a) The General Assembly recognizes that:
(l) President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, Union leader, corporate spokesman, Governor of California, and President of the United States; (2) Ronald Reagan served with honor and distinction for two terms as the fortieth President of the United States of America, and in his reelection he earned the confidence of three-fifths ofthe electorate and was victorious in 49 of the 50 states in the general election, a record unsurpassed in the history of American presidential elections; (3) During Mr. Reagan's presidency he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; (4) Mr. Reagan s commitment to an active social policy agenda for the nation's children helped lower crime rates and drug use in our neighborhoods; (5) President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared America's armed forces to meet twenty-first century challenges; (6) President Reagan's vision of 'peace through strength' led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and (7) February 6, 200 5, will be the ninety-fourth anniversary of Ronald Reagans birth, and the first since his passing. (b) February 6 of each year is designated 'Ronald Reagan Day' in Georgia.'

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

Approved Aprill8, 2006.

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GENERAL PROVISIONS- CONTRACTS-COURTSDOMESTIC RELATIONS- PROPERTY- MINORS; EMANCIPATION; RIGHTS.

No. 466 (House Bill No. 847).

AN ACT

To amend Chapter 11 of Title 15 and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to juvenile proceedings and marriage generally, so as to establish the conditions for minors to become emancipated by law; to provide for definitions; to provide for the rights and duties of parents, and guardians; to provide for court proceedings for emancipation; to provide for powers of the court relative to an emancipation proceeding; to provide for rescission and the effect of rescission on obligations, rights, or interests; to provide for the rights and responsibilities of an emancipated minor; to provide that a person be at least 18 years of age in order to contract for marriage except under limited circumstances; to repeal an exception to such age requirement in the case of pregnancy or live birth; to repeal an exception to parental consent based upon pregnancy or live birth; to change certain provisions relating to proof of age for applicants to marry; to change certain provisions relating to parental consent; to repeal a provision relating to notification ofparents for underage applicants and additional fees; to amend Titles I, 13, 19, and 44, relating respectively to general provisions, contracts, domestic relations, and property, so as to correct cross-references; to change certain provisions relating to rights ofminors; to change certain provisions relating to minors' contracts for property or valuable consideration or necessaries; to change certain provisions relating to in whom parental power lies; to change certain provisions relating to parents' obligation to child born out of wedlock; to change certain provisions relating to abandonment of a dependent child; to change certain provisions relating to voidance and ratification of conveyance to or by an infant; to change certain provisions relating to reversion of property set apart for spouse, children, or dependents; 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 adding a new article to the end ofthe chapter, to read as follows:

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'ARTICLE 6

15-11-200. As used in this article, the term:
(1) 'Emancipation' means termination of the rights of the parents to the custody, control, services, and earnings of a minor. (2) 'Minor' means a person who is at least 16 but less than 18 years of age. (3) 'Parents' has the same meaning as set forth in Code Section 15-11-2.

15-11-201. (a) Emancipation may occur by operation of law or pursuant to a petition filed by a minor with the juvenile court as provided in this article. (b) An emancipation occurs by operation oflaw:
( 1) When a minor is validly married; (2) When a person reaches the age of 18 years; or (3) During the period when the minor is on active duty with the armed forces of the United States. (c) An emancipation occurs by court order pursuant to a petition filed by a minor with the juvenile court as provided in Code Sections 15-11-202 through 15-11-207.

15-11-202. A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:
(1) The minor's full name and birth date, and the county and state where the minor was born; (2) A certified copy of the minor's birth certificate; (3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state; (4) The minor's present address and length of residency at that address; (5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration; (6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and (7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:
(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43; (B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;

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(C) Psychologist licensed pursuant to Chapter 39 of Title 43; (D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 1OA of Title 43; (E) School guidance counselor, school social worker, or school psychologist; (F) School administrator, school principal, or school teacher; (G) Member of the clergy; (H) Law enforcement officer; or (I) Attorney.

15-11-203. (a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on the minor's parents or guardian, if applicable, upon any individual who provided an affidavit as set forth in paragraph (7) of Code Section 15-11-202, and any other individual named in the petition. (b) Any individual served with the petition for emancipation may file an answer to such petition in the juvenile court within 30 days of being served.

15-11-204. (a) After a petition for emancipation is filed, the court may:
(1) Assign an employee of the court or appoint a guardian ad litem to investigate the allegations of the petition and to file a report containing the results of the investigation with the court, including a recommendation as to whether it is in the best interest of the minor that the petition for emancipation be granted; (2) Appoint an attorney for the minor; and (3) Appoint an attorney for the minor's parents or guardian ifthey are indigent and if they oppose the petition. (b) After a petition for emancipation is filed, the court shall seek an affidavit from each individual identified in the petition pursuant to paragraph (7) of Code Section 15-11-202 which describes why the individual believes the minor should be emancipated.

15-11-205. (a) The hearing shall be before a judge; and the court shall issue an emancipation order ifit determines that emancipation is in the best interest of the minor and the minor establishes:
( 1) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the best interest of the child is served by allowing the emancipation to occur by court order; (2) That the minor is a resident of this state; (3) That the minor has demonstrated the ability to manage his or her financial affairs, including proofof employment or other means of support; 'other means of support' does not include general assistance or aid received from

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means-tested public assistance programs such as Temporary Assistance for Needy Families or similar programs under Title IV-A of the federal Social Security Act; (4) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and (5) That the minor understands his or her rights and responsibilities under this article as an emancipated minor. (b) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered. (c) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age. (d) An emancipation obtained by fraud is voidable. Voiding an emancipation order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. (e) The minor or a parent or guardian of the minor may appeal the court's grant or denial of an emancipation petition. The appeal shall be filed in the Court of Appeals.

15-ll-206. (a) A minor emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the minor's parents or guardian. (c) The court shall grant the petition and rescind the order of emancipation if it finds:
(l) That the minor is indigent and has no means of support; (2) That the minor and the minor's parents or guardian agrees that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the minor becomes 25 years of age. (e) Rescission of an emancipation order does not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f) The minor or a parent or guardian of the minor may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals.

15-11-207. (a) A minor emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to the minor

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because of his or her age. The rights of a minor to receive any transfer of property or money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act ofanother state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A minor shall be considered emancipated for the purposes of, but not limited
to: (1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including, but not limited to, property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver's license or other state licenses for which he or she might be eligible; (9) The right to register for school; ( 10) The right to apply for medical assistance programs and for other welfare assistance, if needed; (11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will.
(c) The parents or guardian of a minor emancipated by court order are not liable for any debts incurred by the minor during the period of emancipation.

15-11-208. (a) The duty to provide support for a minor child shall continue until an emancipation order is granted. (b) A child emancipated under this article shall not be considered a 'deprived child' for purposes of Part 6 of Article 1 of this chapter. (c) The provisions set forth in Code Section 19-3-2 regarding age limitations to contract for marriage shall apply to a minor who has become emancipated under this article.'

SECTION 2. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, ia amended by striking Code Section 1-2-8, relating to rights of minors, and inserting in lieu thereof the following:

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'1-2-8. The law prescribes certain ages at which persons shall be considered ofsufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title 15.'

SECTION 3. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by striking Code Section 13-3-20, relating to minors' contracts for property or valuable consideration or necessaries, and inserting in lieu thereof the following:
'13-3-20. (a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation oflaw or pursuant to Article 6 of Chapter 11 of Title 15. (b) The contract of a minor for necessaries shall be binding on the minor as if the minor were 18 years of age except that the party furnishing them to the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 6 of Chapter 11 ofTitle 15."

SECTION 4. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (a) of Code Section 19-7-1, relating to in whom parental power lies, and inserting in lieu thereof the following:
'(a) Until a child reaches the age of 18 or becomes emancipated, the child shall remain under the control of his or her parents, who are entitled to the child's services and the proceeds of the child's labor. In the event that a court has awarded custody of the child to one parent, only the parent who has custody of the child is entitled to the child's services and the proceeds of the child's labor.'

SECTION 5. Said title is further amended by striking Code Section 19-7-24, relating to parents' obligation to child born out of wedlock, and inserting in lieu thereofthe following:
'19-7-24. It is the joint and several duty of each parent of a child born out of wedlock to provide for the maintenance, protection, and education ofthe child until the child

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reaches the age of 18 or becomes emancipated, except to the extent that the duty of one parent is otherwise or further defined by court order.'

SECTION 6. Said title is further amended by striking paragraph (2) of subsection U) of Code Section 19-10-1, relating to abandonment ofa dependent child, and inserting in lieu thereofthe following:
'(2) Service of any sentence suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before the child or children reach the age of 18 or become emancipated, after a hearing as provided in paragraph ( 1) of this subsection and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended by the court having jurisdiction thereof.'

SECTION 6A. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by striking Code Section 19-3-2, relating to who may contract marriage, and inserting in lieu thereof the following:
'19-3-2. (a) To be able to contract marriage, a person must:
(1) Be of sound mind; (2) Except as provided in subsection (b) of this Code section, be at least 18 years of age; (3) Have no living spouse ofa previous undissolved marriage. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and (4) Not be related to the prospective spouse by blood or marriage within the prohibited degrees. (b) If either applicant for marriage is 16 or 17 years of age, parental consent as provided in Code Section 19-3-37 shall be required.'

SECTION 6B. Said chapter is further amended by striking in its entirety Code Section 19-3-36, relating to proof of age of applicants, physician's certificate of pregnancy or parenthood of applicants under age of 16, inspection of certificate, and destruction of certificate, and inserting in lieu thereof the following:
'19-3-36. The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herselfthat the provisions set forth in Code Section 19-3-2 regarding age limitations are met or that such limitations are not required by virtue of an order issued pursuant to Code Section 15-11-183. If the judge does not know of his or her own knowledge the age of a party for whom a marriage license is sought, the judge shall require the applicant to furnish the court with documentary evidence ofproof of age in the form ofa birth certificate,

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driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. In the event an applicant does not possess any of the above but appears to the judge to be at least 25 years of age, the applicant, in lieu of furnishing the judge with one of the above, may give an affidavit to the judge stating the applicant's age. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately.'

SECTION 6C. Said chapter is further amended by striking subsection (b) of Code Section 19-3-37, relating to parental consent to marriage of underage applicants, when necessary, and how obtained, and inserting in lieu thereof the following:
'(b) When parental consent required; how obtained. In cases where the parties applying for a license are 16 or 17 years of age, their ages to be proved to the judge of the probate court as provided in Code Section 19-3-36, the parents or guardians of each underage applicant shall appear in person before the judge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice. The licensed attending physician shall include only those physicians licensed under Chapter 34 of Title 43 or under corresponding requirements pertaining to licensed attending physicians in sister states:

SECTION 6D. Said chapter is further amended by striking and reserving Code Section 19-3-38, relating to notification of parents ofunderage applicants and an additional fee, and inserting in lieu thereof the following:
'19-3-38. Reserved.'

SECTION 7. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking Code Section 44-5-41, relating to voidance and ratification of conveyance to or by an infant, and inserting in lieu thereof the following:
'44-5-41. A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, the minor may void the conveyance upon arrival at the age of 18; and, if the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a

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minor and, after arrival at the age of 18, the minor retains the possession or benefit of the property or interest in property, the minor shall have thereby ratified or affirmed the conveyance.'

SECTION 8. Said title is further amended by striking Code Section 44-13-20, relating to reversion of property set apart for spouse, children, or dependents, and inserting in lieu thereof the following:
'44-13-20. Property set apart pursuant to Code Section 44-13-2 for a spouse, for a spouse and minor children, for minor children alone, or for dependents of a debtor (l) upon the death of the spouse or the spouse's remarriage, when set apart to the spouse alone, (2) upon the attaining of the age of 18 by the minor children or their emancipation during minority, when set apart for the minor children, (3) upon the death or remarriage of the spouse and the attaining of the age of 18 by the minor children or the emancipation of the minor children, when set apart to the spouse and minor children, and (4) upon a former dependent person's no longer being eligible to be claimed by the debtor as a dependent for income tax purposes pursuant to Code Section 48-7-26, shall revert to the estate from which it was set apart unless it was sold or reinvested pursuant to this article, in which case this Code section shall apply to and follow all the reinvestments unless the fee simple has been sold as provided in this article.'

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

Approved April18, 2006.

PUBLIC OFFICERS- STATE GOVERNMENT; CREATE CAPITOL ARTS STANDARDS COMMISSION; REPEAL GEORGIA ART POLICY COUNCIL.
No. 467 (House Bill No. 978).
AN ACT
To amend Article 4 of Chapter l3 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide fer the terms of members of the commission and the filling ofvacancies; to provide fer duties and responsibilities; to provide for certain recommendations; to provide a definition; to provide for the acceptance of certain funds; to provide a statement

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oflegislative intent; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Capitol Museum, is amended by designating the existing matters within such article as Part 1 and adding a new Part 2 to read as follows:

'Part 2

45-13-70. (a) There is created the Capitol Art Standards Commission, which is assigned to the Office of the Secretary of State for administrative purposes only, as prescribed in Code Section 50-4-3. (b) The Capitol Art Standards Commission shall be comprised of 15 members. Three members shall be appointed by the Governor, of whom one shall be designated as chairperson. Three members shall be appointed by the Senate Committee on Assignments and three members shall be appointed by the Speaker of the House of Representatives. One member each shall be appointed by the Georgia Historical Society, the Georgia Council for the Humanities, and the Georgia Council for the Arts. One member each shall be appointed by the Board of Regents of the University System of Georgia and the Georgia Foundation for Independent Colleges, each of whom shall be proficient in the history ofthe State of Georgia. Each of the appointed members shall serve two-year terms ofoffice and shall be eligible to succeed themselves. In addition, the director of the Georgia Capitol Museum or his or her designee shall be a member of the commission. Vacancies in the positions of appointed members of the commission shall be filled for the remainder of the unexpired term of office by the original appointing authority. (c) Members of the commission shall serve without compensation but members of the commission who are not state officials or employees shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Members of the commission who are state officials or employees shall receive reimbursement for actual transportation costs in accordance with the policies of their respective agencies. (d) Membership on the commission does not constitute a public office, and no member shall be disqualified from holding public office by reason of his or her membership.

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(e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this part.

45-13-71. The Capitol Art Standards Commission shall have the following duties and responsib iiities:
(1) To meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) To maintain minutes of its meetings; (3) To adopt rules and regulations for the transaction of its business; (4) To organize itself as it deems appropriate to carry out its functions; (5) To be responsible for developing policies and procedures for and to oversee the acquisition, installation, preservation, maintenance, display, and storage of all capitol artwork. As used in this part, the term 'capitol artwork' means visual art of museum quality owned by the State of Georgia that is displayed in or on the grounds of the capitol or is held for the purpose of future display to include, but not be limited to, portraits, paintings, sculptures, and plaques. The Georgia Capitol Museum shall remain responsible for the documentation, appraisal, control, handling, and conservation of the present and future artwork in the capitol art collection; (6) To establish a collection policy for all capitol artwork; (7) To develop standards and procedures for determining whether to acquire new artwork which shall include criteria for judging the relevance of the subject, the historical significance to the State of Georgia, and the quality of the artwork produced and an approval process for such acquisitions. No artwork shall be acquired or installed without final approval of the commission; (8) To develop a process for the selection, placement, installation, and rotation of artwork in the capitol, in the capitol museum, and on the capitol grounds; (9) To develop policies and procedures for outgoing loans from the capitol art collection and for temporary displays of artwork in the capito I, in the capitol museum, and on the capitol grounds; ( 10) To develop deaccession policies and procedures for artwork in the capitol art collection that should be removed based upon poor quality or lack of relevance or similar factors; and (11) To perform such other duties and responsibilities as required by law.

45-13-72. The Capitol Art Standards Commission may recommend to the Governor and the General Assembly changes in state statutes, policies, budgets, and standards relating to the capitol art collection, with the objective of keeping the collection at the highest museum standards.

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45-13-73. The Capitol Art Standards Commission may accept federal funds granted by Congress or executive order for the purposes of this part as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available.

45-13-74. The General Assembly finds that this part constitutes a general law within the meaning of Article Ill, Section VI, Paragraph IV(a} of the Constitution. The General Assembly intends that there be no enactment of any bill or resolution proposing a special law with respect to capitol artwork.'

SECTION 2. Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee, is hereby repealed.

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

Approved April18, 2006.

FOOD AND DRUGS- SOCIAL SERVICES- CRIMESHEALTH- UNUSED PRESCRIPTION DRUGS FOR MEDICALLY INDIGENT; RESTOCKING FEES; PHARMACIST REFUSAL TO FILL PREGNANCY TERMINATION DRUG.
No. 468 (House Bill No. 1178).
AN ACT
To amend Chapter 4 ofTitle 26 ofthe Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for certain coverage for pharmacy restocking fees; to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or

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physicians to perform a~orti~n_s and req_uiri~g others to ass~st, so as to provide ~hat a pharmacist who states m wnting an objectiOn to any abortion shall not be reqmred to fill a prescription for a drug if the purpose of the drug is to terminate a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to amend Chapter 34 ofTitle 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to revise the purpose of the chapter; to revise certain provisions regarding priority for certain specialties; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Article 11 to read as follows:
'ARTICLE 11

26-4-190. This article shall be known and may be cited as the 'Utilization of Unused Prescription Drugs Act.'

26-4-191. As used in this article, the term:
(1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Co de Sections 16-13-25 through 16-13-29 and Schedules I through V of21 C.F.R. Part 1308. (2) 'Health care facility' means an institution which is licensed as a nursing home, intermediate care home, personal care home, home health agency, or hospice pursuant to Chapter 7 of Title 31. (3) 'Medically indigent person' means:
(A) A person who is Medicaid eligible under the laws of this state; or (B) A person:
(i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget.

26-4-192. (a) The Georgia State Board of Pharmacy, the Department ofHuman Resources, and the Department of Community Health shall jointly develop and implement

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a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board ofPharmacy, the Department ofHuman Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum:
(l) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot pro gram is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008.

26-4-193. In accordance with the rules and regulations promulgated pursuant to Code Section 26-4-192, the resident of a health care facility, or the representative or guardian of a resident, may donate unused prescription drugs, other than prescription drugs defined as controlled substances, for dispensation to medically indigent persons.

26-4-194. (a) Physicians, pharmacists, other health care professionals when acting within the scope of practice of their respective licenses, and health care facilities shall not be subject to liability for transferring or receiving unused prescription drugs

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pursuant to this article and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. (b) Pharmacists and pharmacies shall not be subject to liability for dispensing unused prescription drugs pursuant to this article when such services are provided without reimbursement and when performed within the scope of their practice and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. For purposes ofthis subsection, a restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not be considered reimbursement. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer ofprescription drugs or its employees or agents under any legal claim, including but not limited to product liability claims. Drug manufacturers shall not be subject to liability for any acts or omissions of any physician, pharmacist, other health care professional, health care facility, or pharmacy providing services pursuant to this article. (d) Drug manufacturers shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for the donation, acceptance, or dispensing ofa drug under the program or for the failure to transfer or communicate product or consumer information or the expiration date of a drug donated under the program.

26-4-195. This article shall be construed in concert with Code Section 49-4-152.3.'

SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
'49-4-152.5. In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses prescription drugs pursuant to the 'Utilization of Unused Prescription Drugs Act' in Article 11 of Chapter 4 of Title 26.'

SECTION 2A. Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, is amended by striking such Code section and inserting in its place the following:
'16-12-142. (a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not

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be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed. (b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed. Nothing in this subsection shall be construed to authorize a pharmacist to refuse to fill a prescription for birth control medication, including any process, device, or method to prevent pregnancy and including any drug or device approved by the federal Food and Drug Administration for such purpose.'

SECTION 2B. Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, is amended by striking Code Section 31-34-2, relating to the purpose of the chapter, and inserting in lieu thereof the following:
'31-34-2. It is the purpose of this chapter to increase the number of physicians in physician under served rural areas of Georgia by making loans to physicians who have completed their medical education and allowing such loans to be repaid by such physicians agreeing to practice medicine in such rural areas.'

SECTION 2C. Said chapter is further amended in Code Section 31-34-4, relating to loan applicant qualifications and rules and regulations, by striking subsection (c) and inserting in lieu thereof the following:
'(c) The board is authorized to consider among other criteria for granting loans under the provisions of this chapter the state residency status and home area of the applying physician and to give priority to those applicants who are physicians actively practicing or beginning active practice in specialties experiencing shortages or distribution problems in rural areas of this state as determined by the board pursuant to rules and regulations adopted by it in accordance with this chapter.'

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SECTION 2D. Chapter 7 of Title 3I of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended in Code Section 31-7-94.1, relating to definitions, by striking paragraph (3) and inserting in lieu thereof the following:
'(3) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census; provided, however, that for counties which contain a military base or installation, the military personnel and their dependents living in such county shall be excluded from the total population of such county for purposes of this definition.

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

Approved April 18, 2006.

CRIMES- VEHICLES; FALSE OR SECRET COMPARTMENTS.
No. 469 (House Bill No. Il93).
AN ACT
To amend Article 4 of Chapter II of Title I6 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to prohibit owning or operating vehicles containing false or secret compartments; to provide for definitions; to provide for proof of intent under certain circumstances; to prohibit operating any vehicle containing false or secret compartments, installing false or secret compartments in a vehicle, or selling a vehicle with false or secret compartments; to provide for a penalty; to provide for disposition of a vehicle containing a false or secret compartment; 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 4 of Chapter II of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new Code section to read as follows:

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'16-11-112. (a) As used in this Code section, the term:
(1 )(A) 'False or secret compartment' means any enclosure which is integrated into or attached to a vehicle and the purpose of the compartment is to conceal, hide, or prevent discovery by law enforcement officers of:
(i) A person concealed for an unlawful purpose; (ii) Controlled substances possessed in violation of Article 2 of Chapter 13 of this title; or (iii) Other contraband. (B) Examples of 'false or secret compartment' may include, but are not limited to: (i) False, altered, or modified fuel tanks; (ii) Original factory equipment on a vehicle that has been modified; or (iii) Any compartment, space, or box that is added or attached to existing compartments, spaces, or boxes of the vehicle. (2) 'Vehicle' includes, but is not limited to, cars, trucks, buses, motorcycles, bicycles, aircraft, helicopters, boats, ships, yachts, and other vessels. (b) It may be inferred that the accused intended to use a false or secret compartment if a person knowingly has a false or secret compartment which: ( 1) Is concealing a person for an unlawful purpose; (2) Is concealing a controlled substance in violation of Article 2 of Chapter 13 of this title; (3) Is concealing other contraband; (4) Shows evidence of the previous concealment of a person for an unlawful purpose; (5) Shows evidence of the previous concealment of controlled substances in violation of Article 2 of Chapter 13 of this title; or (6) Shows evidence of the previous concealment of other contraband. (c)(l) It is unlawful for any person to knowingly own or operate any vehicle containing a false or secret compartment. (2) It is unlawful for any person to knowingly install, create, build, or fabricate in any vehicle a false or secret compartment. (3) It is unlawful for any person to knowingly sell, trade, or otherwise dispose of a vehicle which is in violation of this Code section. (d) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than two years, by a fine not to exceed $10,000.00, or both. (e) Upon the arrest of a person who owns or is operating a vehicle which is in violation of this Code section, if the vehicle is not otherwise subject to forfeiture under other provisions of law, or not determined to be needed to be held as evidence, the law enforcement officer shall seize the license plate and registration for such vehicle and shall issue a citation for violation of this Code section and a temporary license plate for the vehicle. The temporary license plate shall be on a form as prescribed by the state revenue commissioner. The temporary license plate shall be valid for 30 days or until the owner of the vehicle provides

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verification that such vehicle has been repaired so as to eliminate any violation of this Code section, whichever occurs first. Such vehicle shall be subject to inspection by law enforcement and if it is determined that such vehicle has been repaired, the license plate and registration shall be returned to the owner at such time.'
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 Aprill8, 2006.

COURTS- MOTOR VEHICLES- MOTORCYCLE ENFORCEMENT; USE OF FINES.
No. 470 (House Bill No. 1209).
AN ACT
To amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date, automatic repeal, and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, is amended by striking subsection (a) and inserting in lieu thereof the following:
'(a)(1) The clerks of the several courts shall pay into the county treasury of the county where the court is held all moneys arising from fines and forfeitures

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collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs. (2) The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the Department's motorcycle enforcement program. (3) As used in this subsection, the term 'urban interstate system' means a portion of the national system of interstate and defense highways which:
(A) Is located entirely within any part of this state; and (B) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter:

SECTION 2. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, is amended by striking Code Section 40-13-26, relating to how sentences shall be served and disposition of fines and costs, and inserting in lieu thereof the following:
'40-13-26. (a) Defendants who plead guilty or who are convicted under this article shall be required to serve their sentences in such manner as is provided for by law in misdemeanor cases. In case a fine is imposed and paid, the officers of court, where on fee basis, shall first be paid their costs arising in such case. After the payment of all costs, the remainder of such fine shall be paid into the county treasury in the event the case is disposed of by the probate court; if the case is disposed ofby the municipal court ofan incorporated municipality, the remainder of such fine or fines shall be paid into the treasury of the municipality where the court is located, except that where such courts have jurisdiction beyond the corporate limits of a municipality, and the offense occurs outside the municipality, the fine shall be paid into the county treasury; provided, however, that in any case where a fine was imposed for violation of any traffic offense provided in or authorized by Chapter 6 of this title on any 'urban interstate system' if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, the remainder of such fine shall be remitted to the Department of Public Safety for the maintenance and enhancement of the Department's

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motorcycle program. The judge ofthe probate court or the person presiding over the municipal court must pay into the county treasury, municipal treasury, or Department of Public Safety by the fifteenth day of each month the remainder of all fines for the preceding month. Such payment must be accompanied by a list showing the name of the defendant in each case, the fine imposed in each case, the costs in each case and to whom paid, and the balance which is being paid into the treasury. The official making such payment must be given a written receipt by the person receiving the payment. No officer receiving a salary will receive any fees for arresting or attending court in any case arising under this article, but the usual fees must be assessed, and, if the arresting officer is not entitled to the costs, they must go to the county or city to which the fine is paid or Department of Public Safety as required by this Code section. (b) As used in this subsection, the term 'urban interstate system' means a portion of the national system of interstate and defense highways which:
(1) Is located entirely within any part ofthis state; and (2) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter:

SECTION 3. This Act shall become effective on July 1, 2006, and shall expire June 30, 2011, unless renewed, and shall apply with respect to fines collected and forfeitures forfeited on or after July 1, 2006.

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

Approved April18, 2006.

EDUCATION- INTERSCHOLASTIC SPORTS EVENTS; ATHLETIC ASSOCIATIONS.
No. 471 (House Bill No. 1241).
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 no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor

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interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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 a new Code Section 20-2-316.1 to read as follows:
'20-2-316.1. (a) 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. (b) No high 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 unless the charter, bylaws, or other governing documents of such athletic association provide that a student shall not lose eligibility to participate as a team member on an interscholastic sports team solely because such student participates during the school year at any time outside of regular season, including playoffs, in a national competitive event, such as an all-star or showcase event, that is not sanctioned by such athletic association.'

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

Approved Aprill8, 2006.

STATE GOVERNMENT- GEORGIA REGISTER.
No. 472 (House Bill No. 1307).
AN ACT
To amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; 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 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
'(b) The authority shall electronically publish or cause to be published a publication entitled the Georgia Register which shall include information made available by the agencies through electronic media related to:
(1) Notice of adoption of all rules filed during the period; (2) A summary ofeach rule proposed during the period and a statement of the manner in which a copy of the complete text of the rule may be obtained; (3) The complete text of all rules adopted during the period; (4) All agency meeting notices showing the time, place, and date of the meeting, and the text of rules proposed for consideration or a reference where the text of the proposed rules is published, including a statement of the manner in which a copy of the agenda may be obtained; (5) All executive orders or proclamations issued by the Governor; (6) A summary of all state contracts or requests for proposals of an amount more than $100,000.00 and a statement of the manner in which a copy of the complete contract or request for proposal may be obtained; (7) All official and unofficial Attorney General opinions and a summary of each opinion; (8) The full text of agency emergency rules; (9) Notice of land acquisitions or transfers with a value of more than $50,000.00, including a statement of the manner in which more detailed information may be obtained; (10) For each session of the General Assembly:
(A) An abstract of each bill that is introduced; (B) A synopsis of each bill that is enacted; and (C) The status of each bill; (11) The hearing calendar of the Supreme Court; and (12) The hearing calendar of the Court of Appeals.'

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 April18, 2006.

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LAW ENFORCEMENT- PENAL INSTITUTIONS- FIRST OFFENDER RECORDS; DISCLOSURE; FIRST OFFENDER PROBATION DISCHARGES.

No. 473 (House Bill No. 1335).

AN ACT

To amend Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to the circumstances when an exonerated first offender's criminal record may be disclosed, so as to authorize state or local law enforcement units and the Georgia Peace Officer Standards and Training Council to review first offender record information when hiring a law enforcement officer for a certified position or otherwise review the criminal history ofapplicants, candidates, or peace officers; to amend Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer for a certified position or when considering an applicant, candidate, or peace officer's certification status; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; 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 35-3-34.1 of the Official Code of Georgia Annotated, relating to the circumstances when an exonerated first offender's criminal record may be disclosed, is amended by designating the existing provisions as subsection (a) and inserting a new subsection (b) to read as follows:
'(b) First offender records including records ofarrests, charges, or sentences may be released to any law enforcement unit and the Georgia Peace Officer Standards and Training Council where the request for information is an inquiry about a person who has applied for employment in a certified position or a person who is an applicant, candidate, or peace officer as defined in Code Section 35-8-2.'

SECTION 2. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first offender probation discharges that disqualify individuals from employment, is amended by designating the existing provisions as subsection (a) and inserting a new subsection (b) to read as follows:
'(b) Any discharge under this article may be used to disqualify a person from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Article 35 and also may disqualify a person from employment in a certified

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position with a law enforcement unit where the discharge under this article pertained to a felony offense or a crime involving moral turpitude.'

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

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

Approved April 18, 2006.

DEDICATE BRIDGES, CORRIDORS, CAUSEWAYS, AND HIGHWAYS.
No. 474 (House Resolution No. 1491).
A RESOLUTION
Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes.
PART I WHEREAS, former Representative Dorothy Barnes Pelote was a member of the General Assembly of Georgia for more than a decade, where she worked tirelessly in loyal and enduring service to her constituents and the citizens of Georgia; and
WHEREAS, former Representative Dorothy Barnes Pelote has been a resident of Savannah, Georgia, for over 50 years and, prior to serving as a Representative, acted in public service to her community first as an educator and, upon retirement, as a member of the Chatham County Board of Commissioners; and
WHEREAS, while serving in the General Assembly of Georgia as a member of the House of Representatives, Ms. Pelote worked steadfastly to pass many resolutions and bills that benefit not only the citizens of Savannah, but the entire State of Georgia; and
WHEREAS, Ms. Pelote has been instrumental in obtaining funds for a number of local initiatives and community improvements and has received numerous awards and recognitions for her services to the community and the citizens ofthis state; and
WHEREAS, former Representative Dorothy Barnes Pelote is a beloved member of many public and civic organizations, her church, and family.

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PART II WHEREAS, Derward Buchan is a veteran of the United States Army and served in the occupational forces in Japan and later served in Korea; and

WHEREAS, he served 14 years on the Douglas city commission and six years as the mayor; and

WHEREAS, during his tenure on the Douglas city commtsston, he oversaw transportation improvements, including the widening of Madison Street, the completion of Perimeter Road, and the continuing improvement of traffic congestion through the use of one-way streets; and

WHEREAS, he is a former member and secretary of the Southeast Georgia Regional Development Center; and

WHEREAS, he retired from the Georgia Department of Transportation after 34 years of service as an area engineer; and

WHEREAS, Derward is a charter member of the Douglas Exchange Club, past president of the local chapter ofthe American Association of Retired Persons, and a member of the Chamber of Commerce and American Legion; and

WHEREAS, Derward F. Buchan has devoted his life to service as a businessman, civic leader, and friend to the City ofDouglas, and it is only fitting that the Derward F. Buchan Corridor be dedicated in his honor.

PART III WHEREAS, Mr. Tommy G. Hudson was an employee of the Georgia Department of Transportation; and

WHEREAS, he was an outstanding employee and citizen ofthe State of Georgia; and

WHEREAS, he was struck and killed by a vehicle on March 2, 2005, while in the performance of his duties on SR 107 in Turner County near the bridge over Deep Creek; and

WHEREAS, he was a devoted family man, a highly respected employee, an able and upright citizen of his community and the State of Georgia, and a friend to all who were privileged to know and work with him.

PART IV WHEREAS, the 848th Engineer Company was organized as the B-560 Engineering Battalion and later became the 848th Engineer Company attached to the 48th Infantry Brigade; and

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WHEREAS, the 848th Engineer Company was mobilized for Operation Desert Storm in 1990 as part of the 48th Infantry Brigade; and

WHEREAS, in 1993, the 848th Engineer Company was reorganized as Company
c in the 648th Engineer Battalion; and

WHEREAS, in 1994, the 648th Engineer Battalion was mobilized for duty in central and southern Georgia to help with the massive flooding following tropical storm Alberto; and

WHEREAS, in 1996-97, the 648th was mobilized to serve a peacekeeping mission in Bosnia; and

WHEREAS, currently the 648th is serving with the 48th Infantry Brigade Combat Team in Iraq and the Persian Gulf area; and

WHEREAS, it is only fitting that these courageous soldiers, who in the spirit of the American patriot, have volunteered to confront the dangers, privations, and discomforts of wartime and peacetime service and in the spirit of humanity have strived to establish and keep the peace in Iraq and Bosnia with fortitude and steadfast resolve, should have a bridge named in their honor; and

WHEREAS, all Americans owe a debt of gratitude to the men and women of the Georgia National Guard who risk their lives in the defense offreedom and to secure the blessings of liberty for this nation and other peoples of the world.

PARTV WHEREAS, the lighthouse ofTybee Island has a long and storied history along the Georgia coast; and

WHEREAS, the lighthouse has saved the lives of many desperate seafarers in search of a safe port; and

WHEREAS, it is only proper and fitting that the Tybee Island Lighthouse be memorialized by dedicating a causeway in honor of its glorious past.

PART VI WHEREAS, news of the passing of Lucille M. Norton, late of Lakeland, Georgia, was received by the members of her community with much deep regret; and

WHEREAS, the life led by this distinguished woman of 86 years rendered hername dear to the hearts of her family and fellow citizens alike; and

WHEREAS, Lucille M. Norton was a native of Lanier County who, after receiving her teaching degree, made Lanier County and Lakeland, Georgia, her home and not

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only became a teacher for the Lanier County school system, but also served six decades as a mentor of five generations of children and families of Lanier County; and

WHEREAS, her commitment to pub lie service and various volunteer organizations, such as the March of Dimes and her beloved Good Hope Baptist Church, made her community and this state a better place in which to live; and

WHEREAS, it is only fitting and proper that this woman of vision and significance be honored by naming a small and simple bridge in her honor; a bridge over a small and undemanding creek that, as a child, bordered on her mother's farm; that she played in as a child; that she fished and enjoyed all of her 86 years on this earth; that she later in life inherited from her mother who had inherited it from her family; and that, in death, she passed on to her only son.

PART VII WHEREAS, Private James Boggan was born on December 22, 1925, in Ambrose, Georgia; and

WHEREAS, the Purple Heart was first established by George Washington during the Revolutionary War and later revived by the War Department in February of 1932;and

WHEREAS, the Purple Heart is awarded to persons who while serving in any capacity with the United States Armed Services has been wounded or killed or who has died or may thereafter die after being wounded; and

WHEREAS, Private James Boggan ofAmbrose, Georgia, received fatal wounds in Luxembourg during World War II while serving in the United States Army that resulted in his death on March 16, 1945, and was awarded the Purple Heart on June 11, 1945; and

WHEREAS, Private Boggan left behind him in Ambrose, Georgia, his parents, the late Cecil D. Boggan and Mary Grantham Boggan, as well as six brothers and sisters; and

WHEREAS, Private Boggan is an example of a generation of young soldiers who gave their lives during World War II in the fight for democracy and freedom.

PART VIII WHEREAS, Thomas McGaughey Kilgore was a native and lifelong resident of Douglas County and was a descendant of Douglas County native citizens dating back prior to the incorporation of the county; and

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WHEREAS, he graduated from Douglas County High School in 1952 and from Berry College in 1956; and

WHEREAS, he spent his entire professional career with CSX Transportation; and

WHEREAS, he was elected as a memberofthe Georgia General Assembly's House of Representatives to represent Douglas County, taking office in 1975 and serving through 1992; and

WHEREAS, during his tenure in the General Assembly, he served on the Appropriations Committee and the Industry Committee, and chaired the Education Committee; and

WHEREAS, as chairman of the Education Committee, he was instrumental in establishing the Douglas County campus of West Central Technical College on Timber Ridge Road, which has become an integral part of the community and provides an opportunity for thousands of Douglas County citizens to receive higher education; and

WHEREAS, after retirement, he continued to work with the Douglasville Convention and Visitors Bureau to help bring tourists to Douglas County; and

WHEREAS, he was married for43 years to Carol M. McLendon, and they had two beautiful daughters, Pamela K. Platt and Teresa A. Kilgore, and two wonderful grandchildren, Lindsay and Will; and

WHEREAS, he was a lifetime member ofCounty Line Baptist Church and a charter member of the West Pines Golf Course and enjoyed carp fishing during his free time; and

WHEREAS, it is only fitting that this man who devoted his life to his family and service to his community should have a bridge in his beloved Douglas County dedicated in his memory.

PART IX WHEREAS, when Georgia Loop 1 in Floyd County was first constructed, it extended from the intersection ofSR 20 in West Rome to SR 53; and

WHEREAS, this section of Georgia Loop 1 has been previously named the "Veterans Memorial Highway"; and

WHEREAS, Georgia Loop 1 has now been extended from SR 53 to US 411/SR 20;
and

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WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world.

PART X WHEREAS, Lieutenant McKinnon was born on January 20, 1923, to William Bryan McKinnon and Laura Estelle McKinnon; and

WHEREAS, Lieutenant McKinnon served honorably in the United States Navy from 1955 to 1960 as a naval aviator with Fighter Squadron 174; on January 12, 1960, Lieutenant McKinnon and another aviator were on a flight training mission when a mistake caused the two fine, young pilots to collide killing Lt. McKinnon instantly; and

WHEREAS, Lt. McKinnon was born and raised within a half-mile of the Satilla River Bridge where as a child he dove off, swam around, and fished offthe bridge; and

WHEREAS, he was a faithful member of Mora Baptist Church and a young student attending the local schools and later graduating from South Georgia College before entering the Naval Cadet program; and

WHEREAS, Lt. McKinnon was a young man who despite growing up during the Depression availed himself of the opportunities of the United States to achieve success before his life was tragically cut short; and

WHEREAS, Lt. McKinnon was a loving husband to Nancy Faye McKinnon and loyal brother to younger brother Clark McKinnon and sisters Paulette Wilson and Carol A. Morrison as well as being a young man who was generally loved and respected in the surrounding community.

PART XI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Bay Street between East Lathorpe Street and Farm Street in Chatham County is dedicated as the Dorothy Barnes Pelote Bridge.

BE IT FURTHER RESOLVED that the portion of SR 32 from the 206 Connector to the CSX Railroad overpass is dedicated as the Derward F. Buchan Corridor.

BE IT FURTHER RESOLVED that the bridge over Deep Creek onSR I 07 at Mile Post 8.0 in Turner County, Bridge ID # 287-00107D-00.800E, is hereby dedicated as the Tommy G. Hudson Bridge in honor of the memory of this distinguished Georgian.

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BE IT FURTHER RESOLVED that the bridge on the SR 206 Connector that spans the CSX railroad, in Coffee County, is dedicated as the Hero Bridge.

BE IT FURTHER RESOLVED that the portion of US 80 from the end of Lazaretto River to the end of US 80 on Tybee Island, in Chatham County, is dedicated as the Historic Tybee Lighthouse Causeway.

BE IT FURTHER RESOLVED that the bridge over Grand Bay Creek on U.S. Highway 221 in the CountyofLanierbe dedicated as the Lucille M. Norton Bridge.

BE IT FURTHER RESOLVED that the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, is dedicated as the Private James Boggan Memorial Bridge.

BE IT FURTHER RESOLVED that the Prestley Mill Road bridge over I-20, in Douglas County, is dedicated as the Tom Kilgore Memorial Bridge.

BE IT FURTHER RESOLVED that the portion of Georgia Loop 1 from SR 53 to US 411 /SR 20 is dedicated as the Veterans Memorial Highway.

BE IT FURTHER RESOLVED that the Satilla River Bridge on Hwy. 135 in Douglas, GA, is dedicated as the Lieutenant Rudolph McKinnon, USN, Memorial Bridge.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, Dorothy Barnes Pelote, Derward F. Buchan, the family of Tommy G. Hudson, the commanding officer of the 648th Engineer Battalion of the Georgia Army National Guard, the local governing authority of Tybee Island, the surviving and only son, four grandchildren, and three great-grandchildren of Lucille M. Norton, the family of Private James Boggan, the family of Tom Kilgore, and the family of Lieutenant Rudolph McKinnon.

Approved April18, 2006.

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CRIMINAL PROCEDURE; JUVENILES; DETENTION; JURISDICTION AND INDICTMENT.

No. 475 (Senate Bill No. 135).

AN ACT

To amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for juvenile justice reforms; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 17 ofthe Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by adding a new Code section to the end of Article 1, relating to general provisions, to read as follows:
'17-7-3. The official in charge of any facility in which a child is detained pending trial in the superior, state, or juvenile courts, including but not limited to sheriffs, regional jail authorities, and the Department of Juvenile Justice, shall furnish at least once a week a list of all children so detained to the chiefjudge, or his or her designee, and the prosecuting attorney for the court or courts having jurisdiction to adjudicate the case against the child. The list shall include the following information pertaining to each child:
(1) The child's name; (2) The date of arrest; (3) The offense charged or other reason for being held; (4) The amount of the bond, ifknown; and (5) Whether the child is represented by an attorney and, if represented, the name of the attorney.'

SECTION 2. Said chapter is further amended by adding a new Code section to Article 3, relating to indictments, to read as follows:
'17-7-50.1. (a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28 or 15-11-30.2, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown,

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grant one extension to the original 180 day period, not to exceed 90 additional
days. (b) If the grand jury does not return a true bill against the detained child within the time limitations set forth in subsection (a) of this Code section, the detained child's case shall be transferred to the juvenile court and shall proceed thereafter as provided in Chapter 11 of Title 15. (c) The provisions of this Code section shall not apply to any case in which the prosecuting attorney files notice with the court that the detained child is a codefendant to a case in which an adult is charged with committing the same offense and the state has filed a notice of its intention to seek the death penalty.'

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

Approved April 19, 2006.

COURTS; CHILDREN; POSTING BAIL.
No. 476 (Senate Bill No. 136).
AN ACT
To amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
(d) Bail. All children subject to the jurisdiction of the juvenile court and alleged to be delinquent or unruly shall have the same right to bail as adults; and the judge shall admit to bail all children under the court's jurisdiction in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes. Any person having legal custody or an adult blood relative or stepparent shall be entitled to post bail but shall be required immediately to return the child to the individual or entity having legal custody of the child.'

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

Approved Aprill9, 2006.

RETIREMENT; STATE TOLLWAY AUTHORITY EMPLOYEES; MEMBERSHIP IN EMPLOYEES'
RETIREMENT SYSTEM.
No. 477 (Senate Bill No. 177).
AN ACT
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of certain state authorities and commissions, so as to define certain terms; to provide that all current and future employees of the State Road and Tollway Authority shall become members of such retirement system; to provide for status; to provide for employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 10 of Article 8 of Chapter 2 of Title 4 7 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of certain state authorities and commissions, is amended by inserting at the end thereof the following:
'47-2-327. (a) As used in this Code section, the term 'State Road and Tollway Authority' or 'authority' means that authority continued by Article 2 of Chapter 10 of Title 32, relating to the State Road and Tollway Authority. (b) Effective July 1, 2006, or on the date of employment, whichever date is later, each officer or employee of the authority shall become a member of the retirement system. (c) Any officer or employee of the authority who was already a member of the retirement system on July 1, 2006, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 2006, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service.

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(d) Except as otherwise provided in subsection (c) of this Code section, an officer or employee ofthe authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (e) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the State Road and Tollway Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter.'

SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved Aprill9, 2006.

HEALTH; SPINAL CORD DISABLED AND HEAD-INJURED PERSONS; CENTRAL REGISTRY; REPORTING OF BRAIN OR SPINAL CORD INJURIES.
No. 478 (Senate Bill No. 208).
AN ACT
To amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, .relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to create a state-wide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 18 of Title 3 1 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, is amended by striking said chapter in its entirety and inserting in lieu thereof the following:

'CHAPTER 18

31-18-1. It is the intent of the General Assembly to create a state-wide Central Registry for Traumatic Brain and Spinal Injuries to ensure the registration of all persons with traumatic brain or spinal cord injuries in order that all such persons might obtain information about rehabilitative, independent living, and other services or goods provided by existing state agencies, departments, other organizations, and individuals.

31-18-2. As used in this chapter, the term:
(1) 'Brain injury' means a traumatic injury to the brain (cranio-cerebral head trauma), not of a degenerative or congenital nature, but arising from blunt or penetrating trauma or from acceleration-deceleration forces, that is associated with any of these symptoms or signs attributed to the injury: decreased level of consciousness, amnesia, other neurologic or neuropsychologic abnormalities, skull fracture, or diagnosed intracranial lesions. These impairments may be either temporary or permanent and can result in a partial or total functional disability. (2) 'Spinal cord injury' means a traumatic injury to the spinal cord, not of a degenerative or congenital nature, but arising from blunt or penetrating trauma or from acceleration-deceleration forces, resulting in paraplegia or quadriplegia, which can be a partial or total loss of physical function.

31-18-3. Every public and private health and social agency, every hospital or facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of this title, and every physician licensed to practice medicine in this state, if such physician has not otherwise reported such information to another agency, hospital, and facility, shall report to the Brain and Spinal Injury Trust Fund Commission such information concerning the identity ofthe person such agency, hospital, facility, or physician has identified as having a traumatic brain or spinal cord injury as defined in this chapter. The report shall be made within 45 days after identification of the person with the traumatic brain or spinal cord injury. The report shall contain the name, age, address, type and extent of disability, and such other information concerning the person with the disability as the Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, may require.

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31-18-4. (a) The Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the Department of Human Resources, shall establish procedures whereby a person with a traumatic brain or spinal cord injury for whom a report is made in this chapter shall be informed of appropriate agencies, departments, hospitals, facilities, organizations, or individuals providing rehabilitative, independent living, and other services or goods. (b) The Brain and Spinal Injury Trust Fund Commission shall maintain records ofreports and notifications made under this chapter. The Brain and Spinal Injury Trust Fund Commission shall produce an annual report relating to information and data collected pursuant to this chapter and shall make such report available upon request. (c) Statistical information collected under this chapter shall be available to any other federal or state agency or private organization concerned with traumatic brain or spinal cord injuries, but no names or addresses will be provided without the consent of the person with the traumatic brain or spinal cord injury or the consent of the immediate family or guardian of such person if that person is unable to consent.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19, 2006.

GENERAL ASSEMBLY; SECRETARY OF THE SENATE; CLERK OF THE HOUSE;
REPEAL BOND REQUIREMENT.
No. 479 (Senate Bill No. 260).
AN ACT
To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia :Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to repeal provisions relating to furnishing and approval of bonds by said officers; 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 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of

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Representatives, is amended by repealing Code Section 28-3-21, relating to furnishing and approval ofbonds by the Secretary of the Senate and the Clerk of the House of Representatives, 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 Aprill9, 2006.

FOOD; MILK STANDARDS.
No. 480 (Senate Bill No. 441).
AN ACT
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, is amended by striking Code Section 26-2-238, relating to standards and requirements generally, and inserting in lieu thereof the following:
"26-2-238. The standards and requirements of the May, 2005, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Pub lie Health Service-Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19, 2006.

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EDUCATION- GRANT PROGRAM; HIGH PERFORMANCE PRINCIPAL;
SALARY SUPPLEMENTS.

No. 500 (Senate Bill No. 468).

AN ACT

To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; 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. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," is amended by inserting a new Code section after Code Section 20-2-214, relating to salary schedule and supplements for principals, to be designated Code Section 20-2-214.1 to read as follows:
'20-2-214.1. (a) The General Assembly finds that the driving force behind attracting quality teachers to a school and creating a culture oflearning and respect in the school environment is the school leadership, and particularly, the school principal. The General Assembly further finds that teachers consider school leadership as one of the most important factors in creating good working conditions in a school environment. The General Assembly further finds that a school with strong leadership and teachers will be the most effective in improving and maintaining the academic success of its students. (b) For purposes of this Code section, the term 'Needs Improvement School' means a school that has not made adequate yearly progress for two or more consecutive years in the same subject, in accordance with the accountability system established pursuant to Article 2 of Chapter 14 of this title. (c) The State Board of Education is authorized to establish a grant program to attract proven leaders in school settings to accept positions as principals in secondary schools in this state that have been identified as a Needs Improvement School by the State Board of Education, as defined in state board rules relating to the accountability system. For purposes of this Code section, these individuals shall be known as High Performance Principals. The grant program shall include

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funding, subject to appropriations by the General Assembly, for grants from the state board to local boards of education for salary supplements for High Performance Principals. (d) The state board is authorized to develop rules and regulations to implement the grant program, including requiring reports, data, or other measures of accountability. The grant program shall provide that the sole criteria for designating and selecting individuals as High Performance Principals shall be data based evidence of the effectiveness of a proposed High Performance Principal in improving a low performing school or in taking an average or excellent performing school to higher achievement within the last five years. Notwithstanding this, the state board shall have the discretion, only in extenuating circumstances, to consider other criteria. The state board shall be authorized to establish and maintain a nonexclusive pool ofpreapproved eligible candidates for High Performance Principals for consideration by local school systems. (e) An individual selected as a High Performance Principal shall be eligible for a one-year salary supplement, in an amount as determined by the state board and subject to appropriations by the General Assembly. An individual grant shall not exceed $15,000.00 per year and such amount shall be awarded pursuant to state board rule based on the relative recruitment need of that Needs Improvement School. The local school system may apply for up to two additional school years for renewal of the High Performance Principal designation for an individual, subject to appropriation. An individual selected as a High Performance Principal shall be required to enter into a contract with the local board, in accordance with Code Section 20-2-211, which shall include terms and conditions relating to the designation of High Performance Principal, as required by the state board. An individual shall be required to reimburse the local board for any moneys paid to him or her relating to the High Performance Principal designation if he or she does not comply with the terms of the contract relating to the High Performance Principal designation. (f) The local board shall be required to submit reports, as required by the state board, which quantify the effectiveness of an individual designated as a High Performance Principal and his or her impact on the improvement of the school in the school year in which he or she was designated a High Performance Principal. The state board shall use the data in the reports as the primary factor in evaluating applications for renewal of a High Performance Principal designation, as provided for in subsection (e) of this Code section. (g) Salary supplements received by a High Performance Principal pursuant to this Code section shall not be considered regular or earnable compensation for any purpose. (h) Nothing in this Code section shall prohibit local boards of education from providing additional salary supplements and bonuses to any principal designated as a High Performance Principal.'

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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 April 19, 2006.

REVENUE- SALES TAX; INCREASED CRIMINAL PENALTIES.
No. 503 (House Bill No. 1506).
AN ACT
To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, 10 as to provide for increased criminal penalties with respect to violations of said Article 1; to provide for increased penalties with respect to filing false or fraudulent returns; to provide for increased criminal penalties with respect to failure to furnish certain returns or records; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by striking Code Section 48-8-7, relating to violations of said Article 1, and inserting in its place a new Code Section 48-8-7 to read as follows:
.48-8-7. (a) It shall be unlawful for any dealer to knowingly and willfully fail, neglect, or refuse to collect the tax provided in this article, either by himself or through his agents or employees. (b) In addition to the penalty of being liable for and paying the tax himself, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor ofa high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both.'

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SECTION 2. Said part is further amended by striking Code Section 48-8-8, relating to filing false or fraudulent sales and use tax returns, and inserting in its place a new Code Section 48-8-8 to read as follows:
'48-8-8. (a) It shall be unlawful for any dealer required by this article to knowingly and willfully make, render, sign, or verify any return to make a false or fraudulent return with intent to evade the tax levied by this article. (b) Any person who violates subsection (a) ofthis Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) ofthis Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both.'

SECTION 3. Said part is further amended by striking Code Section 48-8-9, relating to failure to furnish sales and use tax returns, and inserting in its place a new Code Section 48-8-9 to read as follows:
'48-8-9. (a) It shall be unlawful for any dealer subject to this article to knowingly and willfully fail or refuse to furnish any return required to be made by this article or to fail or refuse to furnish a supplemental return or other data required by the commissioner. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor ofa high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both.'

SECTION 4. Said part is further amended by striking Code Section 48-8-10, relating to failure to keep or allow inspection of sales and use tax records, and inserting in its place a new Code Section 48-8-10 to read as follows:
'48-8-10. (a) It shall be unlawful for any dealer subject to this article to knowingly and willfully fail to keep records or to fail to open the records to inspection as required by law. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a

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person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both.'

SECTION 5. This Act shall not apply to any offense committed before July 1, 2006. Any such offense shall be punishable as provided by the statute in effect at the time the offense was committed.
SECTION 6. This Act shall become effective on July 1, 2006.

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

Approved Aprill9, 2006.

INSURANCE -ACCIDENT AND SICKNESS POLICIES; RENEWAL; TERMINATION.
No. 504 (House Bill No. 1456).
AN ACT
To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to provide availability of an accident and sickness policy upon termination of dependent. coverage based on the age of the dependent; 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 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by striking Code Section 33-29-9, relating to requirements as to references in policies to noncancelable nature or guaranteed renewability nature of individual accident and sickness insurance, and inserting in its place a new Code section to read as follows:
.33-29-9. (a) No policy of accident or sickness insurance shall refer to its noncancelable nature without at the same time disclosing all options the insurer may have in

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regard to renewability; and the guaranteed renewable nature ofany such policy shall not be referred to unless the reference at the same time discloses the qualifications on the guarantee of renewability, including any age limits, any right to change premium rates by class, any aggregate provisions, and any other limitations on the right to renewal in a manner which shall not minimize or render obscure the qualifying conditions. (b) An insurer operating in the major medical or comprehensive, guaranteed renewable business in the State of Georgia shall permit an insured to change his or her major medical or comprehensive coverage, upon election at any renewal, to a comparable product currently offered by that insurer or a product currently offered by that insurer with more limited product benefits; to a product with higher deductibles; or to modify his or her existing coverage to elect any optional higher deductibles under that policy. If such product, benefit, or deductible change is elected by the insured during the 60 day required period after notice of renewal premium increase but before renewal date, such insured shall not be subject to any new preexisting conditions exclusion that did not apply to his or her original coverage. (c) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section.'

SECTION 2. Said chapter is further amended by adding a new Code Section 33-29-21.1 to read as follows:
,
'33-29-21.1. Every policy which contains a prov1s1on for termination of coverage of a dependent upon the reaching of a certain age shall contain a provision to the effect that, upon the date of the dependent reaching the age at which coverage would terminate under the provisions of the policy, the dependent shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 45 days following the date the dependent reaches the age at which coverage would terminate and upon the payment of the appropriate premium, an individual or family policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of dependent reaching a certain age or any similar individual or family policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual or family policy shall be considered as being met to the extent coverage was in force under the prior policy.'

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

Approved Aprill9, 2006.

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SOCIAL SERVICES- LONG-TERM CARE PARTNERSHIP PROGRAM.

No. 505 (House Bill No. 1451).

AN ACT

To amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain 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. Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, is amended by striking Code Section 49-4-161, relating to definitions, and inserting in lieu thereof a new Code Section 49-4-161 to read as follows:
'49-4-161. As used in this article, the term:
(1) 'Asset disregard' means, with regard to state Medicaid benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Department' means the Department of Community Health. (4) 'Georgia Qualified Long-term Care Partnership Program approved policy' means a long-term care insurance policy that meets the model regulations and requirements of the National Association of Insurance Commissioners long-term care insurance model regulation and long-term care insurance model act as specified in 42 U.S.C. 1917(b) and Section 6021 of the Federal Deficit Reduction Act of2005 and the Commissioner certifies such policy as meeting these requirements. (5) 'State Medicaid program' means the medical assistance program established in this state under Title XIX of the federal Social Security Act. (6) 'State plan amendment' means a state Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy.'

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SECTION 2. Said article is further amended by striking Code Section 49-4-162, relating to the Georgia Long-term Care Partnership Program, and inserting in lieu thereof a new Code Section 49-4-162 to read as follows:
'49-4-162. (a) In accordance with Section 6021 of the Federal Deficit Reduction Act of 2005, there is established the Georgia Long-term Care Partnership Program which shall be administered by the Department of Community Health, with the assistance of the Commissioner of Insurance and the Department of Human Resources, and which shall be for the following purposes:
(1) To provide incentives for individuals to insure against the costs of providing for their long-term care needs; (2) To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; (3) To provide counseling services through the Division of Aging Services of the Department of Human Resources to individuals in planning of their long-term care needs; and (4) To alleviate the financial burden on the state's Medicaid program by encouraging the pursuit of private initiatives. (b) Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Qualified Long-term Care Partnership Program approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following: (l) Medicaid eligibility; (2) The amount of any Medicaid payment; and (3) Any subsequent recovery by the state of a payment for medical services. (c) The department shall: (l) Within 180 days of the effective date of this Code section, make application to the federal Department of Health and Human Services for a state plan amendment to establish that the assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for benefits is increased dollar for dollar for each dollar paid out under the individual's long-term care insurance policy if the individual is the beneficiary of a qualified long-term care insurance partnership policy purchased through the Georgia Long-term Care Partnership Program; and (2) Provide information and technical assistance to the Commissioner to assure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage oflong-term care:

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SECTION 3. Said article is further amended by striking Code Section 49-4-163, relating to eligibility for asset disregard, and inserting in lieu thereof a new Code Section 49-4-163 to read as follows:
'49-4-163. (a) An individual who is a beneficiary of a Georgia Qualified Long-term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions ofsubsection (c) ofCode Section 49-4-162. (b) If the Georgia Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005. (c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 ofthe Federal Deficit Reduction Act of2005.'

SECTION 4. Said article is further amended by striking Code Section 49-4-164, relating to rules and regulations, and inserting in lieu thereof a new Code Section 49-4-164 to read as follows:
'49-4-164. (a) The Commissioner shall:
(1) Develop requirements to ensure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care; and (2) Not impose any requirement affecting the terms or benefits of qualified long-term care partnership policies unless the Commissioner imposes such a requirement on all long-term care policies sold in this state without regard to whether the po!icy is covered under the partnership or is offered in connection with such partnership. (b) The department and the Commissioner are authorized to promulgate rules and regulations to implement and administer the provisions of this article. (c) The issuers ofqualified long-term care partnership policies in this state shall provide regular reports to both the Secretary of the Department of Health and Human Services in accordance with federal law and regulations and to the department and the Commissioner as provided in Section 6021 of the Federal Deficit Reduction Act of 2005.'

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SECTION 5. Said article is further amended by striking Code Section 49-4-165, relating to notice to consumers, and inserting in lieu thereofa new Code Section 49-4-165 to read as follows:
'49-4-165. (a) A qualified long-term care insurance partnership policy shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests. (b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance:

SECTION 6. Said article is further amended by striking Code Section 49-4-166, relating to effective date, and inserting in lieu thereof a new Code Section 49-4-166 to read as follows:
'49-4-166. Reserved.'

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April19, 2006.

PUBLIC OFFICERS - EMPLOYEES' INSURANCE AND BENEFIT PLANS; TERMINATION; EXEMPTION; BENEFIT PLAN FISCAL NOTES; HOUSE ASTHMA STRATEGIC PLANNING STUDY COMMITTEE.
No. 506 (House Bill No. 1372).
AN ACT
To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for fiscal notes for

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biJls impacting the state health benefit plans; to provide for the House Asthma Strategic Planning Study Committee; to provide for automatic repeal; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended striking Code Section 45-18-5, relating to county officers and employees, and inserting in lieu thereof a new Code Section 45-18-5 to read as follows:
'45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate' judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chiefmagistrate,juvenile court judge, or members ofthe county governing authority and officials, spouses, and dependents of officials leaving

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office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk ofthe superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such'employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association

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of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c.l) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918. Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members oflocal boards of education under other state or federal laws which relate to extension or continuation of health benefits."

SECTION 2. Said chapter is further amended by striking Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors, and inserting in lieu thereof a new Code Section 45-18-5.1 to read as follows:
'45-18-5.1. The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion oflicensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such deductions or such employer contributions through the Department of Labor, the commissioner may, upon written notice to the Georgia Cooperative Services for the Blind, Inc., terminate the coverage for such employees as of the day following the last day for which such deductions or such employer

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contributions were remitted to the board. Coverage may be reinstated upon the tender ofany such deductions or employer contributions not previously remitted.'

SECTION 3. Said chapter is further amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in lieu thereof a new Code Section 45-18-5.2 to read as follows:
'45-18-5 .2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division ofRehabilitation Services ofthe Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Should the sheltered employment center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the sheltered employment center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.'

SECTION 4. Said chapter is further amended by striking Code Section 45-18-7.1, relating to employees of the Georgia Development Authority, and inserting in lieu thereof a new Code Section 45-18-7.1 to read as follows:
'45-18-7.1. The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Development Authority, terminate the coverage for such employees as of the day following the last day

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for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 5. Said chapter is further amended by striking Code Section 45-18-7.2, relating to Agrirama Development Authority employees, and inserting in lieu thereof a new Code Section 45-18-7.2 to read as follows:
'45-18-7.2. The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Agrirama Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Agrirama Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 6. Said chapter is further amended by striking Code Section 45-18-7.3, relating to employees of Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, and Sheriffs' Retirement Fund of Georgia, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.3 to read as follows:
'45-18-7.3. The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, and the Sheriffs' Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, and Sheriffs Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity Benefit Fund, Georgia Firefighters' Pension Fund, and Sheriffs' Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the board's regulations. In addition, it shall be the duty of said Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, and Sheriffs' Retirement Fund of Georgia

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to make the employer contributions required for the operation of such plan or plans. Should the Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, or Sheriffs' Retirement Fund of Georgia fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, or Sheriffs' Retirement Fund of Georgia, as the case may be, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.'

SECTION 7. Said chapter is further amended by striking Code Section 45-18-7.5, relating to employees of Georgia Housing and Finance Authority, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.5 to read as follows:
'45-18-7.5. The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board s regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Housing and Finance Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Housing and Finance Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.'

SECTION 8. Said chapter is further amended by striking Code Section 45-18-7.6, relating to employees of Georgia-Federal State Inspection Service, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.6 to read as follows:
'45-18-7 .6. The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees of, retiring employees of, and employees who retired under the Employees' Retirement System of Georgia on or before July 1,

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2000, from the Georgia-Federal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty ofthe Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans. Should the Georgia-Federal State Inspection Service fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia-Federal State Inspection Service, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.'

SECTION 9. Said chapter is further amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in lieu thereof a new Code Section 45-18-7.7 to read as follows:
'45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. Should any critical access hospital fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such critical access hospital, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified

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health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees' health insurance plan. Should any such federally qualified health center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such federally qualified health center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2,45-18-7.1,45-18-7.2,45-18-7.3,45-18-7.5, and 45-18-7.6; by this Code section; or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, ifthe department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees' health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974.'

SECTION 10. Said chapter is further amended by adding a new subsection (c) to Code Section 45-18-10, relating to the right ofcontinuation of insurance benefits for former state employees, to read as follows:
'(c) Any other provision of this article to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of the monthly premium fixed by the board for active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissioner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan."

SECTION 11. Said chapter is further amended by striking Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for ensuing fiscal year, and inserting in lieu thereof a new Code Section 45-18-16 to read as follows:

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'45-18-16. Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this article the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments."

SECTION 12. Said chapter is further amended by adding new Code sections to read as follows:
'45-18-20. Any bill prepared by the General Assembly which would impact the state employees' health insurance plan established under this article shall require a fiscal note in accordance with the procedures of Code Section 28-5-42.

45-18-21. (a) There is created the House Asthma Strategic Planning Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives, as well as representatives from the Governor's office, the Public Employee Health Benefits Division and the Division of Medical Assistance of the Department of Community Health, the Department of Education, the Department of Early Care and Learning, the American Lung Association, and Children's Healthcare of Atlanta. The Speaker of the House of Representatives shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. The committee shall undertake a study of the current prevalence of asthma in Georgia and determine a state-wide strategy for reducing the prevalence of the disease as well as improving the health status of Georgians with asthma. (b) The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowance provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Any member who is a public official or employee other than a member ofthe General Assembly shall not receive a daily expense allowance but may be reimbursed for actual expenses by his or her public employer. All funds necessary to carry out the provisions of this resolution shall come from funds

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appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006. (c) This Code section shall be repealed and the committee shall stand abolished on December 31, 2006.'

SECTION 13. 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 April19, 2006.

FOOD AND DRUGS- PHARMACY AUDIT BILL OF RIGHTS.
No. 507 (House Bill No. 1371).
AN ACT
To amend Chapter 4 of Title 26 ofthe Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code section to the end of Article 6, relating to pharmacies, to read as follows:
'26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49,

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or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights:
( 1) The entity conducting the initial on-site audit must give the pharmacy notice at least one week prior to conducting the initial on-site audit for each audit cycle; (2) Any audit which involves clinical or professional judgment must be conducted by or in consultation with a pharmacist; (3) Any clerical or record-keeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record may not in and of itself constitute fraud; however, such claims may be subject to recoupment. No such claim shall be subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; however, recoupment of claims must be based on the actual overpayment or underpayment unless the projection for overpayment or underpayment is part of a settlement as agreed to by the pharmacy; (6) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (7) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 120 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c), whichever is later; and ( 11) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.

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(c) Recoupments of any disputed funds shall only occur after final- internal disposition of the audit, including the appeals process as set forth in-subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or said portion without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor. (t) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud.'

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

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

Approved April 19, 2006.

REVENUE- NUMEROUS TECHNICAL REVISIONS.
No. 508 (House Bill No. 131 0).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; 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 change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; 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:

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SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph ( 14) of Code Section 48-1-2, relating to definitions regarding revenue and taxation, and inserting in its place a new paragraph (14) to read as follows:
'(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2006, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2006, except Section 168(k), (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 199, Section 1400L, Section 1400N (d)(1 ), Section 1400NU), and Section 1400N(k) ofthe Internal Revenue Code of 1986 shall be treated as if they were not in effect. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2006, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. U n1ess 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, 2006, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006, 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 2. Said title is further amended in Code Section 48-2-15, relating to confidential information, by adding a new subsection (e) to read as follows:
'(e) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information when necessary to conduct research commissioned by the department and when necessary for data processing operations and maintenance of data processing equipment, provided the persons or groups of persons have obtained prior written approval from the commissioner and are subject to the direct security contro1of department personnel during all periods ofaccess. Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department.'

SECTION 3. Said title is further amended in subsection (f) of Code Section 48-2-32, relating to forms ofpayment, by adding a new paragraph immediately following paragraph(2), to be designated paragraph (2.1), to read as follows:
'(2.1) The commissioner may require that any person or business owing more than $5,000.00 in connection with any return, report, or other document pertaining to sales tax, use tax, withholding tax, or motor fuel distributor tax

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required to be filed with the department on or after July I, 2006, shall pay any such sales tax, use tax, withholding tax, or motor fuel distributor 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.'

SECTION 4. Said title is further amended by striking Code Section 48-2-36, relating to extension of time for returns, and inserting in its place a new Code Section 48-2-36 to read as follows:
'48-2-36. (a) The commissioner may grant, upon written request, a reasonable extension of time for filing returns, declarations, or other documents required under state revenue laws whenever, in the reasonable exercise of such commissioner's judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No extension or extensions, except as otherwise expressly provided by law, shall aggregate more than six months, nor shall any extension of time for filing returns, except as otherwise expressly provided by law, operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. In no event shall the commissioner extend the time of filing returns which are required to be filed with the tax receiver or tax commissioner. (b) Notwithstanding any other provision in the laws of this state, in the case of a taxpayer determined by the commissioner to be affected by a presidentially declared disaster, as defined in Internal Revenue Code Section 1033(h)(3), or a terroristic or military action, as defined in Internal Revenue Code Section 692(c)(2), the commissioner may specify a period of up to one year that may be disregarded in determining, under the laws of this state, in respect of any tax liability, fee liability, or other liability of such taxpayer:
(1) Whether any of the actions described in subsection (c) of this Code section were performed within the time prescribed therefor, determined without regard to extension under any other provision of the laws ofthis state for periods after the date, as determined by the commissioner, of such disaster or action; (2) The amount of any interest, penalty, or addition to the taxes, fees, or other liability for periods after the date, as determined by the commissioner, of such disaster or action; and (3) The amount of any refund. (c) Actions which may be extended: (1) Filing any return of taxes, fees, or other liability; (2) Payment of any taxes, fees, or other liability or any installment thereof; (3) Filing a petition with the superior court or the office of state administrative hearings as allowed under the laws of this state; (4) Allowance of a refund of any taxes, fees, or other liability; (5) Filing a claim for refund of any taxes, fees, or other liability;

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(6) Bringing suit upon any such claim for refund; (7) Assessment of any taxes, fees, or other liability; (8) Giving or making any notice, assessment, or demand for the payment of any taxes, fees, or other liability; (9) Collection, by the commissioner, by tax execution, or otherwise, of the amount of any liability of any taxes, fees, or other liability; (1 O) Bringing suit by the department, or any officer on its behalf, in respect of any liability in respect of any taxes, fees, or other liability; and ( 11) Any other action required or permitted under the laws administered by the commissioner.

SECTION 5. Said title is further amended by striking Code Section 48-8-58, relating to sales and use tax return allowances, and inserting in its place a new Code Section 48-8-58 to read as follows:
'48-8-58. (a)(l) As used in this subsection, the term 'return allowance' means the amount of the sales price or cost price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by such dealer from the purchaser unless the taxes collected have been returned by the dealer to the purchaser. (2) When property sold is subsequently returned by agreement to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this article with respect to the return allowance, in the manner prescribed by the commissioner, as follows: (A) The dealer in the original return for the taxable period in which the return of the property is allowed may deduct from the dealer's gross sales the amount of the return allowance; or (B) When a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this subsection may be filed within the time and in the manner prescribed under Code Section 48-2-3 5.
(b) The commissioner shall make available to dealers all necessary forms for filing returns and instructions to ensure a full collection from dealers and an accounting for the taxes due. Failure of any dealer to secure the commissioner's forms shall not relieve the dealer from the payment of the tax at the time and in the manner provided in this article. (c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section.

SECTION 6. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 ofthis 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

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years beginning on or after January 1, 2006. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006, enacted into law but not yet effective shall become effective for purposes ofGeorgia taxation on the same dates upon which they become effective for federal tax purposes.

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

Approved April 19, 2006.

HEALTH- NURSING HOME PROVIDER FEES; MAXIMUM AMOUNT; QUALITY ASSESSMENT FEES.
No. 509 (House Bill No. 1308).
AN ACT
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; 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 ofthe Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended in Code Section 31-8-164, relating to the nursing home provider fee based on patient day, by striking subsection (a) and inserting in lieu thereof the following:
'(a) Each nursing home shall be assessed a provider fee with respect to each patient day for the preceding quarter, excluding medicare program patient days. The provider fee shall be assessed uniformly upon all nursing homes, except as provided in Code Section 31-8-168. The aggregate provider fees imposed under this article shall not exceed the maximum amount that may be assessed pursuant to the percentage limitation of the first prong of the test for an indirect guarantee set out in 42 C.F.R. Section 433.68(f)(3)(i)."

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SECTION 2. Said chapter is further amended by striking Code Section 31-8-173, relating to the assessment, calculation, and payment of quality assessment fees on care management organizations, and inserting in lieu thereof the following:
'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. 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 42 C.F .R. Section 433 .68(f)(3)(i). (b) The quality assessment fee shall be paid monthly 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 tenth day of each calendar month, or in the discretion of the department and upon agreement of the care management organization, said amount may be calculated and withheld by the department from the current month's premium payment. Unless the department withholds the fee from the premium payment, the initial quality assessment fee report shall be filed and the initial payment of the quality assessment fee shall be submitted no later than the tenth day of the first month in which premiums are paid to the care management organizations for medical assistance to recipients. Unless the department withholds the fee from the premium payment, a care management organization shall calculate and report the initial quality assessment fee using information about its gross direct premiums for the first month in which premiums are paid to the care management organizations for medical assistance to recipients.'

SECTION 3. This Act shall become effective on April 1, 2006 or upon its approval by the Governor, whichever last occurs, or upon its becoming law without such approval.

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

Approved Aprill9, 2006.

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ALCOHOL- COMPREHENSIVE REVISIONS; FORMS; REFUNDS; CREDITS; CONTRABAND;
LICENSING POWERS; BONDS; LICENSE OR TAX STAMPS.

No. 510 (House Bill No. 1248).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or 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. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-1-2, relating to definitions regarding alcoholic beverages, and inserting in its place a new Code Section 3-1-2 to read as follows:
'3-1-2. As used in this title, the term:
( 1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (4) 'Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage.

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(5) 'Commissioner' means the state revenue commissioner. (6) 'County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. (7) 'Department' means the Department of Revenue. (8) 'Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines. (9) 'Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (I 0) 'Gallon' or 'wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement. (I 0.1) 'Hard cider' means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include 'sweet cider.' (11) 'Importer' means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage. (12) 'Individual' means a natural person. (13) 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. (14) 'Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term also means:
(A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. (15) 'Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. (16) 'Package' means a bottle, can, keg, barrel, or other original consumer container. (17) 'Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other

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group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. ( 18) 'Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale. ( 19) 'Retailer' or 'retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. (20) 'Shipper' means any person who ships an alcoholic beverage from outside this state. (21) 'Standard case' means six containers of 1. 75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. (22) 'Taxpayer' means any person made liable by law to file a return or to pay tax. (23) 'Wholesaler' or 'wholesale dealer' means any person who sells alcoholic beverages to other whole sale dealers, to retail dealers, or to retail consumption dealers. (24) 'Wine' means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section.'

SECTION 2. Said title is further amended by striking Code Section 3-1-3, relating to use of existing forms and filings relating to licenses or taxes, and inserting in its place a new Code Section 3-1-3 to read as follows:
'3-1-3. Every form of license or tax document or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes.

SECTION 3. Said title is further amended by striking Code Section 3-2-13, relating to issuance of refunds or credits for taxes paid or stamps purchased, and inserting in its place a new Code Section 3-2-13 relating to issuance of refunds or credits for taxes paid to read as follows:

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'3-2-13. (a) The commissioner may issue credits for taxes paid by or due from a wholesaler when it is shown to the commissioner's satisfaction that any of the following events has occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state; (2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area; (3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state; (4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; (5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements of Code Section 3-6-26.1; or (6) Taxes were paid under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort. (b) No person shall receive a credit for taxes paid in any case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid, in every case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner. (c) In the event that the commissioner issues a credit under this Code section to a person who has or will have insufficient tax liabilities to the State of Georgia against which to offset the credit, the commissioner shall issue a refund to such person for the unusable portion of the credit.'
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 3-2-14, relating to limitations on credit, and inserting in its place a new subsection (a) to read as follows:
'(a) No credit for taxes paid on alcoholic beverages in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, an application for credit oftaxes paid pursuant to this title contains a false statement, the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the credit until

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the applicant has complied with the laws of this state. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages. Nothing contained in this Code section shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title."

SECTION 5. Said title is further amended by striking subsection (b) of Code Section 3-2-33, relating to seizure and disposition of contraband alcoholic beverages, and inserting in its place a new subsection (b) to read as follows:
'(b) Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage:
( 1) Not reported for collection of taxes under a reporting system established by the commissioner; (2) Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law; or (3) Sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all licenses required by this title."

SECTION 6. Said title is further amended by striking subsection (c) of Code Section 3-3-2, relating to local government licensing powers, and inserting in its place a new subsection (c) to read as follows:
"(c) As a prerequisite to the issuance of any such initial permit or license only, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the governing authority submitting the fingerprints.'

SECTION 7. Said title is further amended by striking Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in its place a new Code Section 3-3-23.1 to read as follows:
"3-3-23.1. (a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age.
(b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guiltY

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of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months' imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor. (3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting 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 six months and upon the second or subsequent conviction shall be suspended for one year. (c) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court; without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms ofprobation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, ifnecessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation, summons, or accusation a person accused of violating any provision of Code Section 3-3-23. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which

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the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation, summons, or accusation and the charge ofhis or her failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation, summons, or accusation under subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11. (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 Alcoho I 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."

SECTION 8. Said title is further amended by striking Code Section 3-4-22, relating to license bonds, and inserting in its place a new Code Section 3-4-22 to read as follows:
'3-4-22. (a) All applicants for all licenses shall file with the commissioner, along with each initial application, a bond:
(1) Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation ofthe business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant 'for failure to comply with the laws and rules and regulations pertaining to distilled spirits. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds shall be in the following calendar year amounts:

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(1) For distillers and manufacturers, $1 0,000.00; (2) For wholesale dealers and importers, $5,000.00; and (3) For retail dealers and brokers, $2,500.00. (c) All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end ofthe calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application.

SECTION 9. Said title is further amended by striking subsection (a) of Code Section 3-4-23, relating to certificate of residence required for retail dealer's license or tax stamps, and inserting in its place a new subsection (a) to read as follows:
'(a) No retail dealer's license shall be issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter:

SECTION 10. Said title is further amended by striking Code Section 3-6-21, relating to filing of bonds, and.inserting in its place a new Code Section 3-6-21 to read as follows:
'3-6-21. (a) All applicants for licenses other than retail licenses shall file with the commissioner, along with each initial application, a bond:
(1) Conditioned to pay all sums which may become due by the applicant to the state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds required pursuant to subsection (a) of this Code section shall be in the amount of$5,000.00 (c) All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application.

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SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved Aprill9, 2006.

STATE GOVERNMENT- STATE FLAG TO HONOR DECEASED OFFICIALS.
No. 511 (House Bill No. 1246).
AN ACT
To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, is amended by inserting immediately following Code Section 50-3-11 a new Code section to read as follows:
'50-3-12. (a) The purpose of this Code section is to recognize and honor those men and women who have dedicated their lives to public service through the representation of the citizens of this state ani, in devoted service thereto, safeguarded the health, safety, and welfare of the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, from funds made available for such purpose, furnish, without cost, a state flag to honor the service of a deceased qualifying elected state official, which state flag may be displayed in the funeral service of the deceased elected state official and thereafter given to the elected state official's estate. (b) For purposes of this Code section, a 'qualifying elected state official' is an official elected to serve in a state position and shall include members of the Georgia General Assembly and any official elected by state-wide or local election to serve in a constitutionally created executive or judicial position or elected position on any constitutionally established board or commission. A person committing or convicted of a felony or crime of moral turpitude during or subsequent to holding office or who has been impeached or otherwise removed from public office shall not be considered a 'qualifying elected state official.'

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(c) The Secretary of State is authorized to administer the recognition program set forth in this Code section and to provide rules and regulations and enter into contracts necessary for the administration of the provisions and the purposes set forth in the Code section.

SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to the death of a qualifying elected state official occurring on or after that date.

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

Approved April 19, 2006.

HEALTH- HEALTH SHARE VOLUNTEERS IN MEDICINE ACT; DEFINITIONS.
No. 512 (House Bill No. 1224).
AN ACT
To amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of" low-income" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act", is amended by striking paragraphs (5) and (8) and inserting in their respective places the following:
'(5) 'Low-income' means: (A) A person who is Medicaid eligible under the laws of this state; (B) A person: (i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office ofManagement and Budget;

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(C) A person: (i) Who is without dental insurance; or (ii) Who has dental insurance that does not cover the injury, illness, or condition for which treatment is sought; and
whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; or (D) Any client or beneficiary of the department or the Department of Human Resources who voluntarily chooses to participate in a program offered or approved by the department or the Department of Human Resources and meets the program eligibility guidelines ofthe department or the Department of Human Resources whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget: '(8) 'Volunteer' means any person who, of his or her own free will, and in support of or in assistance to the program of health care services provided pursuant to this article to any governmental contractor, provides goods or clerical services, computer services, or administrative support services, with or without monetary or material compensation. This term shall not include a health care provider.'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved Aprill9, 2006.

ANIMALS- DEAD POULTRY DISPOSAL; SLAUGHTER OF POULTRY.
No. 513 (House Bill No, 1213).
AN ACT
To amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; 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. part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, is amended by striking subsection (e) of Code Section 4-4-82, relating to license requirements, records requirements, transportation equipment, and disposal pits or incinerators, and inserting in lieu thereof the following:
'(e) Each dealer, broker, and poultry market operator shall properly dispose of dead poultry in accordance with Code Section 4-5-5.'

SECTION 2. Said part is further amended by adding a new Code section to read as follows:
'4-4-82.1. No dealer, broker, poultry market operator, or employee or contractor thereof or any person acquiring live poultry from any ofthem shall slaughter, other than for humane euthanasia or disease control, any poultry that are on the premises of the dealer or broker or on the premises of a sales establishment.'

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 April19, 2006.

PUBLIC OFFICERS- DEFERRED COMPENSATION PLANS; ADMINISTRATION; TRANSFER.
No. 514 (House Bill No. 1151).
AN ACT
To amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board ofTrustees of the Employees' Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; 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. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by striking in its entirety Code Section 45-18-38, relating to Board of Trustees of the Employees'. Retirement System to be the successor to the State Personnel Board for administration of deferred compensation plans and employment of and contracting with agents, and inserting in lieu thereof the following:
'45-18-38. (a) 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 ofadministering any deferred 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. (b) The Board of Trustees ofthe Employees' Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering any deferred compensation plan provided to employees as referenced in Code Section 45-18-52. The Employee Benefit Council shall transfer individual accounts, associated funds, and any other applicable information in a manner prescribed by the Board of Trustees ofthe Employees' Retirement System of Georgia. (c) 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 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 upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 19, 2006.

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GAME AND FISH- TRIPLETAIL FISH; LIMITS.

No. 515 (House Bill No. 1085).

AN ACT

To amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to change certain provisions relating to tripletail fish; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, is amended by striking paragraph (8) of subsection (c) and inserting in lieu thereof the following:

'(8) Tripletail

All year

2

18 inches"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April 19, 2006.

CRIMES; ADDITIONAL SCHEDULE I AND IV CONTROLLED SUBSTANCES AND DANGEROUS DRUGS.
No. 516 (House Bill No. 1054).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by striking subparagraphs (0), (Z), and (SS) ofparagraph (3) and inserting in their respective places the following:
'(0) Psilocyn (Psilocin);' '(Z) 3, 4-Methylenedioxymethamphetamine (MDMA);' '(SS) Reserved;'

SECTION 2. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by striking paragraph (33) and inserting its place the following:
'(33) Zolpidem; (34) Zopiclone, and all salts, isomers, and salts of isomers thereof.'

SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition ofdangerous drug, by striking paragraphs (116.05), (116.1), (193 .5), (515), (663.1), and (663.75) in subsection (b) and inserting in their respective places the following:
'( 116.05) Reserved;' '(116.1) Bupropion;' '(193.5) Cinacalcet;' '(515) Reserved;' "(663.1) Olmesartan;' '(663 .75) Orlistat- See exceptions;"

SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting new paragraphs in subsection (b) to read as follows:
"(13.53) Adalimumab;' '(108.5) Bromfenac;' '(243.5) Deferasirox;' "(332.85) Entecavir;' "(380.6) Exenatide;' "(409.8) Galsulfase;' '(464.7) Iloprost;' "(513. 7) Lenalidomide;' '(544.5) Mecasermin;' '(616.05) Micafungin;' '(638.75) Nelarabine;' '(640.1) Nepafenac;' '(681.4) Palifermin;' '(692.51) Pegfilgrastin;' '(692.515) Peginterferon;'

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'(769.3) Pramlintide;' '(772.5) Pregabalin;' '(831.04) Ramelteon;' '(843 .2) Risedronate;' '(966.3) Tigecycline;' '(967.57) Tipranavir;'

SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting a new paragraph in subsection (c) to read as
follows: '(16.95)0rlistat- when a single dosage unit is 60 mg. or less;'

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 19, 2006.

REVENUE; ACCOUNTING PERIODS; 52-53 WEEK TAXABLE YEARS.
No. 517 (House Bill No. 1042).
AN ACT
To amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, is amended by adding two new subsections at the end thereof to be designated subsections (g) and (h) to read as follows:
'(g) The provisions of Internal Revenue Code Section 441(f) regarding the election of a taxable year consisting of 52-53 weeks shall also apply for purposes

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of this chapter. Accordingly, when the effective date or the applicability of any provision of this chapter or any general law is expressed in terms oftaxable years beginning with reference to a specified date which is the first day of a month, a 52-53 week taxable year shall be treated:
(1) As beginning with the first day of the calendar month beginning nearest to the first day of such 52-53 week taxable year; and (2) As ending with the last day ofthe calendar month ending nearest to the last day of such 52-53 week taxable year. (h) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'

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, 2006, and to all taxable years which pursuant to Section I of this Act would be considered as beginning on January I, 2006.

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

Approved Aprill9, 2006.

REVENUE; SALES TAX EXEMPTION; OVERHEAD MATERIALS OF GOVERNMENT
CONTRACTOR; EXTEND SUNSET.
No. 518 (House Bill No. 1014).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend the automatic repeal date for an exemption for overhead rna terials of a government contractor; to de Jete obsolete language; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking paragraph (58) in its entirety and inserting in lieu thereof the following:
'(58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead materials in

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performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract. (B) As used in this paragraph, the term:
(i) 'Government contractor' means a person who enters into a contract with the United States Department ofDefense or theNational Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose of the national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost ofwhich is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting standards. The term does not include tangible personal property which is incorporated into real property construction. (C) This paragraph shall stand repealed on January l, 2009;'.

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

Approved April 19, 2006.

RETIREMENT- EMPLOYEES' RETIREMENT SYSTEM; DISABILITY RETIREMENT; ALTERNATIVE EMPLOYMENT.
No. 519 (HouseBillNo. 379).
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 applying for a disability retirement shall notify the employing agency; to provide that the employing agency shall determine if an alternative position is available for such employee; to provide conditions for such alternative employment; to provide for a written offer and acceptance or appeal; to provide procedures for an appeal; to provide that such employee who refuses to accept an offer of alternative employment shall not be eligible for a disability retirement; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-2-123, relating to allowance payable upon death, disability, or involuntary separation from employment under the Employees' Retirement System of Georgia, restrictions on separating from employment, restrictions on separating from state service, and employee entitled to involuntary separation benefits, and inserting in lieu thereof the following:
'(b)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his or her employer and upon certification by the medical board that he or she is medically or physically incapable of further performance of his or her duties in the position he or she held at the time his or her disability originated, that incapacity is likely to be permanent, and that he or she should be retired; provided, however, that the medical board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application. (2) A member making application for a disability retirement pursuant to paragraph (I) of this subsection shall at the same time submit a copy of such application together with any supporting documentation accompanying such application to his or her employing agency. The member shall thereafter provide the employing agency with any additional information or documentation which he or she submits to the board of trustees in conjunction with such application. (3) After receipt of the notice provided for in paragraph (2) of this subsection, the head of the member's agency or his or her designee shall conduct an interview with the member applying for disability retirement; provided, however, that any designee of the head of an agency shall be an official at such agency who is above the level of the applicant's immediate supervisor and who has the authority to make job assignment decisions. The interview shall be held within ten business days after receipt of such notice. Based on the interview and information received by the agency pursuant to paragraph (2) of this subsection, the agency head or his or her designee shall determine if an alternative position is available for the member which meets the following requirements:
(A) The physical requirements for such position are compatible with the member's physical limitations; (B) The annual compensation and possibility for future advancement for such position shall be the same as or greater than that of the current position of the member;

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(C) The duties for such position shall be reasonably compatible with the experience and educational qualifications of the member; (D) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (E) The position must be available for acceptance by the member and an offer of the position to the official or member must be made, in writing, by not later than 45 days after the member submitted his or her application for a disability retirement. An agency making an offer of alternative employment as provided in this paragraph shall so notify the board of trustees within 45 days after the member submitted his or her application for a disability retirement. After receipt of such notice, the board of trustees shall not approve a disability retirement until the procedures of paragraph (4) of this subsection are resolved. (4) Any member applying for a disability retirement who is offered a position of employment in conformity with the requirements of paragraph (3) of this subsection shall accept the offer or dispute his or her ability to perform the tasks required by the position offered by submitting a written appeal to the agency and to the board of trustees within 30 days after receiving the offer. In the event of an appeal, the agency shall promptly submit to the medical board a detaile,d description of the requirements of the position offered and the medical board shall determine, based upon all information available to it, whether the member is reasonably capable of performing such tasks. The decision of the medical board shall be final. If the medical board determines that the member is unable to perform the tasks required either by the position held at the time of the application for a disability retirement or the position offered, the member shall be placed on disability retirement immediately. (5) A member who refuses to accept a position offered or file an appeal in a timely manner or who refuses to accept a position which the medical board has determined on appeal that he or she is capable of performing shall not be eligible to receive a disability retirement under this subsection:

SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 19, 2006.

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GAME AND FISH - HUNTING; LEGAL WEAPONS; COMPUTER ASSISTED REMOTE HUNTING; CERVIDS.

No. 520 (House Bill No. 338).

AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for certain matters relating to game and fish violations; to specify a date certain for rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to unlawful use of certain substances and equipment in hunting game animals or game birds; to define a term; to prohibit computer assisted remote hunting; to provide punishments for violations; to provide for forfeiture of certain equipment used in the commission of crime; to prohibit the importation of live cervids into this state; to prohibit the importation or possession of certain whole cervid carcasses or cervid carcass parts; to define certain terms; to provide penalties for violations; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-39, relating to rules and regulations of the Board ofNatural Resources used to establish game and fish criminal violations, and inserting in lieu thereof the following:
'27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2006.'

SECTION 2. Said title is further amended in CodeS ection 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, by striking paragraph (2) and inserting in lieu thereof the following:
'(2) During primitive weapon hunts or primitive weapons seasons, longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger, and muzzleloading shotguns of20 gauge or larger loaded with single shot may be used;'

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SECTION 3. Said title is further amended by striking Code Section 27-3-12, relating to unlawful use of certain substances and equipment in hunting game animals or game birds, and inserting in lieu thereof the following:
'27-3-12. (a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives, recorded calls or sounds, or recorded and electronically imitated or amplified sounds or calls. It shall also be unlawful to use electronic communications equipment for the purpose of facilitating pursuit of any wild animal, game bird, or game animal.
(b)(l) As used in this subsection, the term 'computer assisted remote hunting' means the use of a computer or other device, equipment, hardware, or software to control remotely the aiming and discharge of a firearm or other weapon so as to allow a person not holding that firearm or other weapon to hunt or shoot a wild animal or any wildlife. (2) It shall be unlawful for any person, firm, partnership, or association to engage in computer assisted remote hunting or provide or operate a facility that allows others to engage in computer assisted remote hunting if the wild animal or wildlife being hunted or shot is located in this state.
(3)(A) Any person violating the provisions ofthis subsection shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not less than $1,000.00 and not more than $5,000.00, imprisonment for a term not to exceed 12 months, or both such fine and imprisonment. (B) Any equipment used or intended for use in a violation of this Code section, excluding motor vehicles, is declared to be contraband and shall be forfeited to the state. (C) The hunting and fishing privileges of any person convicted of violating this subsection shall be suspended for three years.'

SECTION 4. Said title is further amended by adding a new Code section to read as follows:
'27-5-2.1. (a) As used in this Code section, the term,
(1) 'Cervid' means a member of the family cervidae. (2) 'Chronic wasting disease' means a fatal disease that belongs to a group of diseases known as transmissible spongiform encephalopathies and that affects the brains of cervids. (3) 'Clean' means having no meat matter or tissue attached to the carcass part. (4) 'Importation' means the transportation of a cervid, cervid carcass, or carcass part into this state. (5) 'Whole' means the entire carcass, whether eviscerated or not, prior to the carcass being processed. (b)(1) It shall be unlawful for any person, firm, partnership, or association to import, bring, or cause to be imported or brought into this state any live cervid,

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except as otherwise authorized by rule or regulation of the board in effect as of January 1, 2007, or such later date as may be provided by Code Section 27-1-39.
(2)(A) Any person who violates paragraph (I) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, imprisonment for a period not exceeding 12 months, or both such fine and imprisonment. (B) The hunting and fishing privileges of any person convicted of violating paragraph ( 1) of this subsection shall be suspended for not less than three years from the date of conviction. (c) It shall be unlawful for any person to import or possess a whole cervid carcass or cervid carcass part from any state having a documented case of a cervid infected with chronic wasting disease, except for any one or more of the following cervid carcass parts: (1) Boned-out meat and commercially processed cuts of meat; (2) Portions of meat with no part of the spinal column or head attached; (3) Hides with no heads attached; (4) Clean skull plates with antlers attached; (5) Clean antlers; (6) Finished taxidermy heads; and (7) Clean upper canine teeth (buglers, whistlers, ivories).'

SECTION 5. (a) Except as otherwise provided by subsection (b) ofthis section, this Act shall become effective on July 1, 2006. (b) Section 4 of this Act shall become effective on July 1, 2006, for purposes of promulgating rules and regulations and on January 1, 2007, for all other purposes.

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

Approved Apri119, 2006.

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RETIREMENT; PROBATE COURT JUDGES; DESIGNATED
SURVIVING BENEFICIARY.

No. 521 (House Bill No. 251 ).

AN ACT

To amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide restrictions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-11-71, relating to the amount of retirement benefits, optional retirement benefits, and the manner in which persons not eligible for maximum benefits at retirement may become eligible, and inserting in lieu thereof the following:
'(b)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the designated survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judges or employee's designated survivor at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, his or her spouse shall be the designated survivor unless another person is so designated with the written agreement of the spouse. In any event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse

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designated at the time ofthe judge's or employee's retirement shall be the only spouse who may draw these benefits. (2) If a member elects the option provided in paragraph ( 1) of this subsection, then, after the approval of the application for retirement, the following provisions apply:
(A) If the member's designated survivor shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable to him had such option not been exercised; (B) If there is entered a final judgment of complete divorce between the member and the member's spouse who is the designated survivor, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and (C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse who is the designated survivor, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect such option with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier.'

SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 4 7-20-50.

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

Approved April19, 2006.

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MOTOR VEHICLES; BLUE LIGHT REQUIREMENTS; PENALTIES FOR PASSING STATIONARY EMERGENCY,
TOWING, OR MAINTENANCE VEHICLES; MOTORIST STOPPING PROCEDURES; SAFE LOCATION.

No~ 522 (Senate Bill No. 64).

AN ACT

To amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to provide for an exception to the requirement that designated officers enforcing traffic laws have a blue light on the roof of their vehicles; to amend Code Section 40-6-16 of the Official Code of Georgia Annotated, relating to the procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles, so as to change certain provisions relating to penalties; to amend Code Section 40-8-91 ofthe Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to provide motorists an opportunity to continue to drive until a reasonably safe location for stopping is reached when being stopped by a law enforcement officer in a marked vehicle; to provide for specific procedures therefor; 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 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, is amended by striking the Code section and inserting in lieu thereof a new Code Section 40-1-7 to read as follows:
'40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol or of a sheriffs office or police department which office or police department provides law enforcement services by certified peace officers 24 hours a day, seven days a week where the vehicles are marked in accordance with

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Code Section 40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that the Georgia State Patrol shall not be permitted to have more than two vehicles per post without such exterior mounted roof lights; and, provided, further that a sheriff's office or police department shall not be permitted to have more than one vehicle per agency without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.'

SECTION 2. Code Section 40-6-16 of the Official Code of Georgia Annotated, relating to the procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00.'

SECTION 3. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by adding immediately following subsection (d) new subsections (e) and (f) to read as follows:
"(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicle s flashing lights or turn signal. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section:

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

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

Approved April 20, 2006.

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EDUCATION; SCHOOL CURRICULUM; HISTORY AND LITERATURE OF OLD TESTAMENT AND NEW TESTAMENT ERAS.

No. 523 (Senate Bill No. 79).

AN ACT

To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for reading materials, and methods of teaching in such courses; to provide for certain matters relating to the employment and assignment of teachers of such courses; to provide for the granting of academic credit for the successful completion of such courses; to provide for the monitoring ofthe content and teaching of such courses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding at the end thereof a new Code section to read as follows:
'20-2-148. (a) All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course in the History and Literature of the Old Testament Era and an elective course in the History and Literature of the New Testament Era. The purpose of such courses shall be to accommodate the rights and desires of those teachers and students who wish to teach and study the Old and New Testaments and to familiarize students with the contents of the Old and New Testaments, the history recorded by the Old and New Testaments, the literary style and structure of the Old and New Testaments, the customs and cultures of the peoples and societies recorded in the Old and New Testaments, and the influence ofthe Old and New Testaments upon law, history, government, literature, art, music, customs, morals, values, and culture.
(b)(l) No later than February 1, 2007, the State Board of Education shall adopt a curriculum for each course, including objectives, reading materials, and lesson plans, which has been prepared in accordance with the requirements of this subsection.

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(2) The book or collection of books commonly known as the Old Testament shall be the basic text for the course in the History and Literature of the Old Testament Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era. In addition, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions. The courses shall familiarize students with the customs and cultures of the times and places referred to in the Old and New Testaments. The courses shall familiarize the students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events which led to the translation of the Old and New Testaments into the English language. The local board of education may recommend which version of the Old or New Testament may be used in the course; provided, however, that the teacher of the course shall not be required to adopt that recommendation but may use the recommended version or another version. No student shall be required to use one version as the sole text of the Old or New Testament. If a student desires to use as the basic text a different version of the Old or New Testament from that chosen by the local board of education or teacher, he or she shall be permitted to do so. (3) The courses provided for in this Code section shall:
(A) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical materials or texts from other religious or cultural traditions; (B) Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and (C) Not disparage or encourage a commitment to a set of religious beliefs. (c) The provisions of this chapter relating to personnel employed by local units of administration, including without limitation certification requirements, employment, and supervision, shall apply to persons who teach the courses provided for in this Code section. In addition, no person shall be assigned to teach such courses based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible. Except for these requirements, the qualifications and training ofteachers shall be determined by the local boards of education. (d) On and after July I, 2007, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of the course in the History and Literature of the Old Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit, and satisfactory completion of the course in the History and Literature of the New Testament Era shall be accepted by the State Board of Education for one-half unit of elective

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credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section. (e) A local board of education may make such arrangements for monitoring the content and teaching of the course in the History and Literature of the Old Testament Era and the course in the History and Literature of the New Testament Era as it deems appropriate. (f) Nothing in this Code section shall be construed to limit the authority of a local board of education to offer courses regarding the Old Testament or the New Testament that are not in compliance with this Code section; provided, however, that no state funds distributed pursuant to this article shall be expended in connection with such a course that does not meet the requirements of this Code section. (g) Nothing in this Code section shall be construed to prohibit local boards of education from offering elective courses based upon the books of other religions or societies. In determining whether to offer such courses, the local board may consider various factors including, but not limited to, student and parent demand for such courses and the impact such books have had upon history and culture.'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April20, 2006.

REVENUE- AD VALOREM TAX EXEMPTION; VETERANS ORGANIZATIONS; HISTORIC MILITARY AIRCRAFT.
No. 524 (House Bill No. 173 ).
AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes; to provide for a referendum, applicability, and 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:

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SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, is amended by striking paragraph (14) of subsection (a) and inserting in its place a new paragraph (14) to read as follows:
'(14)(A) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual; or (B) Property which is owned by and used exclusively by any veterans organization which is qualified as a nonprofit organization under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, and which has been organized for the purpose of refurbishing and operating historic military aircraft acquired from the federal government and other sources, making such aircraft airworthy, and putting such aircraft on display to the public for educational purposes; and'

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary ofState 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 veterans organizations to include certain additional
NO ( ) nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes?"
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 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

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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 April20, 2006.

CONSERVATION; SURFACE WATERS; GROUND WATERS; PERMITS.
No. 525 (Senate Bill No. 191).
AN ACT
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawals; to change certain provisions relating to permits for ground-water withdrawals for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking paragraph ( 1) of subsection (c) of Code Section 12-2-2, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, and inserting in lieu thereof the following:

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'(c)(l)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall notify all permit or variance applicants within 30 days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance.
(B)(i) The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources. (ii) A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application. (iii) A qualified professional certifying an application shall be independent of any professional preparing the application. (iv) The applicant shall directly pay the fees of the qualified professional. (v) The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application. (C) When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived.'

SECTION 2. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawals, and inserting in lieu thereof the following:
'(3) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of

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surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July I, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July I, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July I, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July I, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. Applications under this paragraph submitted on or after the effective date of this paragraph for farm use within the Flint River basin shall be assessed a nonrefundable application fee in the amount of $250.00 per application. Permits applied for under this paragraph on or after the effective date thereof for farm use in the Flint River basin shall have a term of25 years and shall be renewed at the original permitted capacity unless an evaluation of the water supply by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. All permits issued under this paragraph may be transferred or assigned to subsequent owners ofthe lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46.'

SECTION 3. Said title is further amended by in subsection (k) of said Code Section 12-5-31 by adding a new paragraph to read as follows:
'(6.1) The director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after the

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effective date of this paragraph if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the State Soil and Water Conservation Commission, has not commenced within two years of the date of issuance ofthe permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control.

SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 12-5-105, relating to permits for ground-water withdrawals for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law, and inserting in lieu thereof the following:
'(a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (5.1) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 198 8, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July l, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such ground water. Applications under this Code section submitted on or after the effective date of this subsection for farm use within the Flint River basin shall be assessed a nonrefundable application fee in the amount of $250.00 per application. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information. (b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92,

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whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have annual reporting requirements. Permits applied for under this Code section on or after the effective date of this subsection for farm use within the Flint River basin shall have a term of 25 years and shall be renewed at the original permitted capacity unless an evaluation of the water supply by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. All permits issued under this Code section may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice ofany such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; except that the director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after the effective date of this paragraph if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the State Soil and Water Conservation Commission, has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.'

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

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

Approved April20, 2006.

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REVENUE- INCOME TAX CREDITS; TELEWORKING.

No. 526 (HouseBillNo. 194).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding calculation of the entertainment industry income tax credit in the event a tier designation is changed; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.9, to be designated Code Section 48-7-29.10, to read as follows:
"48-7-29.10. (a) As used in this Code section, the term:
( 1) 'Eligible telework expenses' means expenses incurred during the calendar year pursuant to a telework agreement, up to a limit of $1,200.00 for each participating employee, to enable a participating employee to begin to telework, which expenses are not otherwise the subject of a deduction from income claimed by the employer in any tax year. Such expenses shall include, but not be limited to, expenses paid or incurred to purchase computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees. Such expenses shall not include replacement costs for computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, or computer security software and devices at the principal place of business when that equipment is relocated to the telework site. Such expenses shall not include expenses for which a credit is claimed under any other provision of this article. Such expenses may be incurred only once per employee. Such expenses may be incurred directly by the employer on behalf of the participating employee or directly by the participating employee and subsequently reimbursed by the employer. (2) 'Employer' means any employer upon whom an income tax is imposed by this article.

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(3) 'Participating employee' means an employee who has entered into a telework agreement with his or her employer on or after the effective date of this Code section. This term shall not include an individual who is self-employed or an individual who ordinarily spends a majority of his or her workday at a location other than the employer's principal place of business. (4) 'Telework' means to perform normal and regular work functions on a workday that ordinarily would be performed at the employer's principal place ofbusiness at a different location, thereby eliminating or substantially reducing the physical commute to and from that employer s principal place of business. This term shall not include home based businesses, extensions of the workday, or work performed on a weekend or holiday. (5) 'Telework agreement' means an agreement signed by the employer and the participating employee, on or after the effective date of this Code section, that defines the terms of a telework arrangement, including the number of days per year the participating employee will telework, as provided in subsection (b) of this Code section in order to qualify for the credit, and any restrictions on the place from which the participating employee will telework. (6) 'Telework assessment' means an optional assessment leading to the development of policies and procedures necessary to implement a formal telework program which would qualify the employer for the credit provided in subsection (b) of this Code section, including but not limited to a workforce profile, a telework program business case and plan, a detailed accounting ofthe purpose, goals, and operating procedures of the telework program, methodologies for measuring telework program activities and success, and a deployment schedule for increasing telework activity. (b) For taxable years beginning or ending on or after January 1, 2008, and prior to January 1, 2010, an employer shall be allowed a state income tax credit against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for a percentage of eligible telework expenses incurred in the calendar years 2008 and 2009. The amount of such credit shall be calculated as follows: ( 1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuantto a telework agreement requiring the participating employee to telework at least 12 days per month if the employer's principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuantto a telework agreement requiring the participating employee to telework at least 12 days per month; or (3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuantto a telework agreement requiring the participating employee to telework at least five days per month. (c)(l) In addition to the credit provided by subsection (b) of this Code section, an employer conducting a telework assessment on or after the effective date of this Code section shall be allowed a credit in the calendar year of

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implementation of the employer's formal telework program against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for 100 percent of the cost, up to a maximum credit of $20,000.00 per employer, of preparing the assessment. Such costs shall not be eligible for such credit if they are otherwise the subject of a deduction from income claimed by the employer in any tax year. Costs incurred on or after the effective date of this Code section and before January 1, 2008, shall be treated as being incurred on January I, 2008, for purposes of this Code section. The credit provided by this subsection is intended to include program planning expenses, including direct program development and training costs, raw labor costs, and professional consulting fees; the credit shall not include expenses for which a credit is claimed under any other provision of this article. This credit shall be allowed only once per employer. (2) All telework assessments eligible for a state income tax credit under this subsection shall meet standards for eligibility promulgated by the commissioner. (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the employer's income tax liability. No unused tax credit shall be allowed to be carried forward to apply to the employer's succeeding years' tax liability. No such tax credit shall be allowed the employer against prior years' tax liability. (e)(l) An employer seeking to claim a tax credit provided for under subsections (b) and (c) of this Code section must submit an application to the commissioner for tentative approval of the tax credit provided for in subsections (b) and (c) ofthis Code section between September 1 and October 31 of the year preceding the calendar year for which the tax credit is to be earned. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the employer after the application is approved by the commissioner. Such applications must certify that the employer would not have incurred the eligible telework expenses mentioned therein but for the availability of the tax credit. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under this Code section in a calendar year exceed:
(A) $2,000,000.00 for credits earned in calendar year 2008; and (B) $2,000,000.00 for credits earned in calendar year 2009. (3) The Department shall notify each employer of the tax credits tentatively approved and allocated to such employer by December 31st of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be

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allocated among the employers who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the employer (applicant) may make purchases approved for the tax credit at any time during the calendar year following the approval of the application. The employer may then apply the amount of the approved tax credit to their tax liability for the tax year or years for which the approved application applies. In the event the employer has a tax year other than a calendar year and the calendar year expenses are incurred in more than one taxable year, the credit shall be applied to each taxable year based upon when the expenses are incurred. (f) Notwithstanding the provisions of Code Sections 48-2-15, 48-7-60, and 48-7-61, on or before December 31, 2010, for credits allowed in calendar year 2008 and by December 31, 2011, for credits allowed in calendar year 2009, the commissioner shall make available a public report disclosing the employer names and amounts of credit claimed under this Code section. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.

SECTION 2. Said article is further amended by striking paragraph (9) of Code Section 48-7-40.26, relating to definitions regarding the entertainment industry income tax credit, and inserting in its place a new paragraph (9) to read as follows:
'(9) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. In the event production expenditures will occur in more than one taxable year for a particular state certified production, the commissioner shall prescribe redesignation procedures to ensure that the production company can claim credits for such state certified production in future years without regard to whether or not a particular county is reclassified in a different tier.'

SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 2006. (b) Section 1 of this Act shall become effective on July 1, 2007.

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

Approved April20, 2006.

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RETIREMENT; MAGISTRATES RETIREMENT FUND; CREATE.

No. 527 (Senate Bill No. 244).

AN ACT

To amend Title 4 7 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide for dues; to provide for an additional fee on civil actions and proceedings filed in magistrate courts to be paid to the fund; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide for a refund of dues; to provide for disability benefits; to provide for membership in other retirement plans; to provide for a reduction of benefits in the event of insufficient funds; to provide for an exemption from attachment and garnishment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end thereof the following:

'CHAPTER 25 ARTICLE I

47-25-1. As used in this chapter, the term:
(1) 'Average final monthly compensation' means the average monthly earnable compensation of any employee during his or her highest 24 months of creditable service. (2) 'Board' means the Board of Commissioners of the Magistrates Retirement Fund of Georgia. (3) 'Full-time chief magistrate' means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (4) 'Fund' means the Magistrates Retirement Fund of Georgia. (5) 'Member' means a member of the Magistrates Retirement Fund of Georgia.

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(6) 'Secretary-treasurer' means the secretary-treasurer of the Board of Commissioners of the Magistrates Retirement Fund of Georgia.

ARTICLE 2

47-25-20. (a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. The board shall consist of seven members as follows:
( 1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five full-time chief magistrates who are members of the fund. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 2006, for initial terms as follows: one such member shall be appointed for one year; two such members shall be appointed for terms of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms ofoffice for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairperson from among its own membership to serve for a term as established by rules of the board. Four mem hers of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board, the remaining members of the board shall appoint a full-time chief magistrate who is a member of the fund to fill such vacancy for the unexpired term. (e) The Council of Magistrate Court Judges shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider such nominees in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by the Council of Magistrate Court Judges.

47-25-21. (a)(l) There is created the office of secretary-treasurer of the board. The secretary-treasurer shall be elected and appointed by the board and shall serve at the pleasure of the board. His or her compensation and duties may be fixed by the board. In addition to such salary, the secretary-treasurer shall receive credit for a sum of $1,250.00 per year as dues in the retirement system. (2) The board or the secretary-treasurer with the approval of the board may employ additional personnel to assist the board or secretary-treasurer in

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carrying out duties provided in this chapter. The compensation and duties of any such personnel shall be fixed by the board. (b) The secretary-treasurer shall be paid retirement benefits upon retiring as secretary-treasurer as provided in Article 5 of this chapter for a full-time chief magistrate retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article. (c) The board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be payable to the board and shall be conditioned upon the proper and faithful performance of the duties of the secretary-treasurer. The secretary-treasurer shall be required to make quarterly reports to the board, which reports shall show all receipts and disbursements in such form and in such manner as the board may require. He or she shall likewise be required quarterly to make a full account of all moneys or property coming into his or her hands on behalf of the board at any time.

47-25-22. (a) The board is granted the following powers and duties:
(1) To provide for the collection of all moneys provided in this chapter; (2) To pay the administrative expenses of the board; (3) To hear and decide all applications for retirement benefits under this chapter; (4) To make payment of all retirement benefits that may be determined to be due under the terms of this chapter; (5) To make all necessary rules and regulations, not inconsistent with the laws of the state, for its government and for the government of the employees of the board; (6) To determine and fix rules of eligibility of persons to receive retirement benefits; (7) To make refunds and repayments to persons who may be entitled to receive them; and (8) To keep all records of its meetings. (b) The board shall also have all powers necessary for the purpose of administering this chapter. (c)(l) Subject to the terms and limitations of this subsection, the board is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-l 0 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant.

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Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board oftrustees shall determine. No benefit increase shall be awarded under this paragraph greater than 1.5 percent in any six-month period. (2) No member shall receive a benefit increase under paragraph (1) of this subsection in any year in which he or she realizes a benefit increase by operation ofCode Section 47-25-81.

47-25-23. (a) The board shall have control of all funds provided for in this chapter and all funds shall be received and disbursed from a special account to the credit of the board. The expenses of administering this fund and the benefits provided for in this chapter shall be paid from such funds. The board shall have authority to expend the funds in accordance with this chapter. (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisers and counselors, making recommendations for investments and making investments if the board so authorizes.

47-25-24. The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest it for the use and purposes of the fund in accordance with this chapter.

47-25-25. The board shall keep permanent records of all persons who qualify to participate in the benefits of this chapter, an accurate record of all payments and disbursements, and a detailed record of all the acts and doings of the board.

47-25-26. The state auditor is authorized and directed to make an annual audit of the acts and doings ofthe board and to make a complete reportofthe same to the General Assembly in such detail as he or she may see fit. The state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor.

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ARTICLE 3

47-25-40. Before any person shall be eligible to participate in the fund, he or she must be serving as a duly qualified and commissioned full-time chief magistrate of a county ofthe State of Georgia or as the secretary-treasurer. Any qualified person who desires to participate in the fund shall make application to the board for membership in the fund on a form to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board. Such application shall be made not later than July 1, 2007, or within six months after becoming eligible for membership, whichever is later.

47-25-41. Each member shall pay into the fund as dues the sum of $105.00 per month. Each month s dues shall be paid not later than the tenth day of that month.

ARTICLE 4

47-25-60. (a) In addition to all other legal costs, the sum of $3.00 shall be charged and collected in each civil matter or proceeding filed in the magistrate courts. (b) The clerks of the magistrate courts shall collect the fees provided for in subsection (a) of this Code section and the fees so collected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter.

ARTICLE 5

47-25-80. In order for a member to be eligible to receive retirement benefits under this chapter, he or she must have:
( 1) Served as a regularly qualified and commissioned full-time chief magistrate or as the secretary-treasurer for at least eight years; (2) Fully complied with this chapter; (3) Terminated his or her official capacity as a full-time chief magistrate or as the secretary-treasurer; (4) Attained the age of 60 years; (5) Filed with the board his or her application for such retirement, on a fortn to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his or her official capacity as a full-time chief magistrate or as the secretary-treasurer, whichever may occur last in point of time; and

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(6) Had his or her application for retirement approved by the board.

47-25-81. Any member who is approved for retirement benefits as provided in Code Section 47-25-80 shall be paid a monthly sum equal to 4 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 years; provided, however, that the final annual compensation used for calculating a benefit under this Code section shall not exceed $33,772.20; provided, further, that the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum final monthly compensation used for calculating a benefit as provided in this Code section. Such method or methods shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance ofthe actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system. No time for which dues have not been paid in accordance with Code Section 47-25-41 shall be considered in determining the number of years ofservice.

47-25-82. (a) As used in this Code section, the term 'surviving spouse' means the person who was married to a member on the date ofthe member's death. (b) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouse s benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the remainder of the life of such surviving spouse. (c) Upon the death of any member prior to retirement, the surviving spouse of such member may elect:
(1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or (2) To leave such dues in the retirement fund and to receive spouse's benefits which shall be payable beginning:
(A) On the date of the member's death, if such member is 60 years of age or older; or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his or her sixtieth birthday, which such deceased member would have been entitled to receive upon

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reaching 60 years of age had he or she lived and ceased service as a full-time chief magistrate or the secretary-treasurer on the date of his or her death. (d) A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, the member may elect a designated survivor other than his or her spouse under this subsection only with the written agreement of the spouse. In any event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. The designated survivor designated pursuant to this subsection shall be entitled to a survivor's benefit which is the actuarial equivalent to a surviving spouse s benefit as provided in subsection (b) of this Code section.

47-25-83. (a) Any member, after ceasing to serve as a full-time chief magistrate or as the secretary-treasurer and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund. (b) Although retirement pay shall be based on Code Section 47-25-81 and nothing in this Code section shall be construed to alter same, at the effective date of retirement, simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under Code Section 47-25-81 have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased member. (c) Upon application by the estate of any member who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-25-82, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end ofthe calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased member. (d) No dues may be refunded except in strict compliance with this Code section.

47-25-84. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he or she becomes totally and permanently disabled after commencing service as a full-time chief magistrate or as the secretary-treasurer. Any such member shall be entitled to receive retirement benefits in the amount that he or she would receive ifhis or her retirement were effective at the time he or she became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the member shall be determined by the board.

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47-25-85. Nothing contained in this chapter shall be construed so as to prevent any person who is a member of the fund from belonging to any other retirement, annuity, or benefit system.

47-25-86. (a) If a retired member becomes employed as a full-time or part-time magistrate or chief magistrate, his or her retirement benefits shall be suspended during the period of time he or she holds such position, and upon cessation of such service, his or her prior retirement allowance shall be resumed. (b) If a retired member becomes employed as a full-time chief magistrate, he or she may elect again to become a contributing member of the retirement system and be governed by the retirement provisions of this chapter.

ARTICLE 6

47-25-100. If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits provided for, plus all contingent and other liabilities, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficient to enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section.

47-25-101. None of the funds provided for in this chapter shall be subject to attachment, garnishment, or judgment rendered against the person entitled to receive the same. Such funds shall not be assignable."

SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved April20, 2006.

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EDUCATION-SEVERELY INJURED COMBAT ZONE EVACUEE; GEORGIA
HERO SCHOLARSHIP.

No. 528 (Senate Bill No. 415).

AN ACT

To amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that a person evacuated from a combat zone due to severe injuries shall be deemed to have completed a qualifying term of service; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by striking paragraph (5) and inserting in lieu thereof a new paragraph (5) to read as follows:
'(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 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; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service.'

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

Approved April20, 2006.

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MOTOR VEHICLES; STATE PATROL VEHICLE MARKINGS.

No. 529 (Senate Bill No. 454).

AN ACT

To amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by striking subsection (b) and inserting in its place a new sub section (b) to read as follows:
'(b) Any motor vehicle, except as hereinafter provided in this subsection, used by any employee of the Georgia State Patrol for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall:
( l) Require that all such motor vehicles be painted in a two-toned uniform color. The hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color; (2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Notwithstanding the above provisions, it shall be permissible for the commissioner to allow not more than five motor vehicles per State Patrol post to be employed in traffic law enforcement which are painted any solid color designated by the commissioner and marked with 'State Patrol' in six inch high letters of a contrasting color.'

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

Approved April 20, 2006.

CRIMES- FUNERAL OR MEMORIAL SERVICES; DISRUPTIVE CONDUCT.
No. 530 (Senate Bill No. 606).
AN ACT
To amend Article 2 of Chapter II of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals or memorial services; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code Section 16-11-34.2 to read as follows:
'16-11-34.2. (a) The General Assembly declares that the interest of persons in planning, participating in, and attending a funeral or memorial service for a deceased relative or loved one without unwanted impediment, disruption, disturbance, or interference is a substantial interest and the General Assembly further recognizes the need to impose content neutral time, place, and manner restrictions on unwanted acts carried out with the intent to impede, disrupt, disturb, or interfere with such funeral or memorial service. (b) It shall be unlawful to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, disturb, or interfere with the orderly conduct of any funeral or memorial service or with the normal activities and functions carried on in the facilities or buildings where such funeral or memorial service is taking place. Any or all of the following shall constitute such disorderly or disruptive conduct:
( 1) Displaying any visual images that convey fighting words or actual or imminent threats of harm directed to any person or property associated with said funeral or memorial service within 500 feet of the ceremonial site or location being used for the funeral or memorial service at any time one hour

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prior to, during, or one hour after the posted time for said funeral or memorial service; (2) Uttering loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification including, but not limited to, bullhorns, automobile horns, and microphones, such as would tend to impede, disrupt, disturb, or interfere with a funeral or memorial service within 500 feet of the ceremonial site or location being used for the funeral or memorial service; (3) Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service; or (4) Conducting a public assembly, parade, demonstration, or other like event, either fixed or processional, within 500 feet ofthe ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service. (c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor.'

SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date.

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

Approved April 20, 2006.

DEDICATE SGT MIKE STOKELY MEMORIAL HIGHWAY.
No. 531 (Senate Resolution No. 864).
A RESOLUTION
Dedicating the SGT Mike Stokely Memorial Highway; and for other purposes.
WHEREAS, SGT Michael "Mike" Stokely was a member of Troop E 108th Cavalry Unit in the 48th Brigade Combat Team serving in Iraq; and
WHEREAS, Mike joined the National Guard as a junior in high school in Loganville, Georgia, and signed on for a six-year term; and

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WHEREAS, SGT Stokely was on foot patrol on August 16, 2005, around the area ofYusufiyah, Iraq, and was killed by injuries suffered when an explosive device detonated; and

WHEREAS, this courageous soldier confronted the dangers, privations, and discomforts of striving to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and

WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings ofliberty for this nation and other peoples of the world.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 81 in Walton County from its intersection with US 78 to the Newton County line be dedicated as the SGT Mike Stokely Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the SGT Mike Stokely Memorial Highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of SGT Mike Stokely and to the Department of Transportation.

Approved April20, 2006.

PUBLIC OFFICERS- HISTORICAL DOCUMENTS; DISPLAY.
No. 532 (House Bill No. 941 ).
AN ACT
To amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to authorize the display of certain historical documents as part of the foundation of American law and government; to provide for a context for the historical documents; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, is amended by adding a new Code Section 45-13-51 to read as follows:
'45-13-51. (a) The General Assembly finds and determines:
(l) The General Assembly has directed the Division of Archives and History of the State of Georgia to encourage the study of historical documents; (2) There is a need to educate and inform the public about the history and background of American law; (3) The public courthouses and judicial facilities of this state are an ideal forum in which to display educational and informational material about the history and background of American law; and (4) A basic knowledge of American constitutional history is important to the formation of civic virtue in our society; (b) Each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the judicial facilities of such municipality or political subdivision. (c) The Foundations of American Law and Government display shall include: ( l) The Mayflower Compact, 1620; (2) The Ten Commandments as extracted from Exodus Chapter 20; (3) The Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner' by Francis Scott Key; (6) The national motto; (7) The Preamble to the Georgia Constitution; (8) The Bill of Rights of the United States Constitution; and (9) The description on the image of Lady Justice. (d) Public displays ofthe Foundations of American Law and Government shall contain the documents set forth in paragraphs ( 1) through (9) of subsection (c) of this Code section together with a context for acknowledging formative, historically significant documents in America's heritage as follows:

FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY

The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system oflaw and government. The display contains (1) the Mayflower Compact; (2) the Ten Commandments; (3) the Declaration of Independence: (4) Magna Carta; (5) 'The Star-Spangled Banner'; (6) the national motto of the United States of America; (7) the Preamble to the Georgia Constitution; (8) the Bill of Rights of the United States Constitution; and (9) a picture of Lady Justice.

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TheMayjlower Compact

The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact, 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word.'

The Ten Commandments

The Ten Commandments have profoundly influenced the formation ofW estern legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.' The Ten Commandments provide the moral background ofthe Declaration oflndependence and the foundation ofour legal tradition.

The Declaration ofIndependence

Perhaps the single most important document in American history, the Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. The Declaration's fundamental premise is that one's right to 'Life, Liberty and the pursuit of Happiness' is not a gift of government. Government is not a giver of rights, but a protector of God-given rights. Moreover, government is a creation of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government.

Magna Carta

In 1215, King John of England consented to the demands of his barons and agreed for Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in Magna Carta. By signing Magna Carta, King John brought himself and England s future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve

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liberties originating in thirteenth century England. A distinction, however, is noted between Magna Carta and the American concept of liberty. While Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People.'

'The Star-Spangled Banner'

Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort, but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was 30 feet by 42 feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry.

During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye. Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war.

The National Motto

The motto was derived from the line 'And this be our motto, "In God is our trust"' in the U.S. national anthem, 'The Star-Spangled Banner.' The phrase first appeared on U.S. coins in 1864 and became obligatory on all U.S. currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became 'In God We Trust.'

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The Preamble to the Georgia Constitution

The Preamble to the Georgia Constitution celebrates the ideas of free government, justice, peace, happiness, and liberty. Government is a creation of 'the governed' and derives all its power from the consent of its people. The people, therefore, desiring a civilized society, created and ordained the Constitution of the State of Georgia.

The Bill ofRights ofthe United States Constitution

During the debates on the adoption of the U.S. Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power.

Lady Justice

Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that is blinded to all prejudices or favor. The scales represent justice that is administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies. (e) All documents which are included in the Foundations of American Law and Government displays shall be posted on paper not less than 11 x 14 inches in dimension and shall be framed in identically styled frames. No one document shall be displayed more prominently than another. (f) In no event shall any state funding be used for a display of the Foundations of American Law and Government."

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

Approved April20, 2006.

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REVENUE; SALES TAX EXEMPTION; BIOMASS MATERIAL; ELECTRICAL OR STEAM POWER.

No. 533 (House Bill No. 1018).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking "or" at the end of paragraph (81); by striking the period at the end ofparagraph (82) and inserting in it place ";or"; and by adding a new paragraph immediately following paragraph (82), to be designated paragraph (83), to read as follows:
'(83)(A) The sale or use of biomass material, including pellets or other fuels derived from compressed, chipped, or shredded biomass material, utilized in the production of energy, including without limitation the production of electricity, steam, or the production of electricity and steam, which is subsequently sold. (B) As used in this paragraph, the term 'biomass material' means organic matter, excluding fossil fuels, including agricultural crops, plants, trees, wood, wood wastes and residues, sawmill waste, sawdust, wood chips, bark chips, and forest thinning, harvesting, or clearing residues; wood waste from pallets or other wood demolition debris; peanut shells; pecan shells; cotton plants; corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and residues, including hulls, shells, or cellulose containing fibers.'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April20, 2006.

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CRIMES- PISTOL OR REVOLVER LICENSE OR PERMIT; PROHIBITIONS; BACKGROUND CHECK.

No. 534 (House Bill No. 1032).

AN ACT

To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide that any person who is prohibited from possessing firearms pursuant to federal law may not be issued such a permit; to provide for a background check using the Federal Bureau oflnvestigation's National Instant Criminal Background Check System for permit issuances and renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, is amended by striking in their entirety subsections (a) through (d) and inserting in lieu thereof the following:
"(a) Application for license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15 .00, issue a license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which license or renewal license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license or renewal license to the judge of the probate court on forms prescribed and furnished free ofcharge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau oflnvestigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable

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of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge ofeach probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to:
(1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; ( 1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-12 8 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation ofthe superintendent ofthe hospital or treatment center where the individual was a patient, to issue the license or renewal license;
(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

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(B) As used in this paragraph, the term: (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) ofCode Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or
(6) Any person not lawfully present in the United States. (c) Fingerprinting.
Following completion of the application for a license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (d) Investigation of applicant; issuance oflicense; renewal. ( l) For both license applications and requests for license renewals, the judge of the probate court shall direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau oflnvestigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall also direct the law enforcement agency to conduct a background check using the Federal Bureau oflnvestigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a

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license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license or renewal license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained in this Code section:

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

Approved April20, 2006.

STATE GOVERNMENT - GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY; LAND CONSERVATION PROJECTS; CONTRACTS AND AGREEMENTS WITH LOCAL GOVERNMENTS.
No. 535 (House Bill No. 1319).
AN ACT
To amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties ofthe authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; to change certain provisions relating to transfer of assets, funds,

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property, contracts, programs, obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority, is amended by striking paragraphs (5), (6), and (12) of Code Section 50-23-4, relating to definitions relative to said article, and inserting in lieu thereof the following:
'(5) 'Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources ofwater supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; (B) For the purposes of collecting, treating, or disposing of sewage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage; (C) For the purposes of collecting, treating, recycling, composting, or disposing of solid waste, including, but not limited to, trucks, dumpsters, intermediate reception stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills, landfill equipment, barrels, binders, barges, alternative technologies and other plant structures, equipment, conveyances, improvements, real or personal property or rights therein, and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, treatment, or disposal of solid waste; or (D) For the purposes of carrying out a community land conservation project or a state land conservation project pursuant to Chapter 22 of Title 36.

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(6) 'Environmental services' means the provision, collectively or individually, of water facilities, sewerage facilities, solid waste facilities, community land conservation projects or state land conservation projects pursuant to Chapter 22 Title 36, or management services.' '(12) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services so as to meet public health and environmental standards, protect the state's valuable natural resources, or aid the development of trade, commerce, industry, agriculture, and employment opportunities or projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority.'

SECTION 2. Said chapter is further amended in subsection (b) of Code Section 50-23-5, relating to purpose, powers, and duties of the authority, by adding new paragraphs to read as follows:
'(30.1) To exercise any powers necessary or convenient to conduct the activities and perform the acts that are contemplated for the authority by Chapter 22 of Title 36; (30,2) To fund, or partially fund, the Georgia Land Conservation Revolving Loan Fund established by Chapter 22 of Title 36;"

SECTION 3. Said chapter is further amended by striking Code Section 50-23-6, relating to loans to local governments and repayment thereof, and inserting in lieu thereof the following:
'50-23-6. (a) The authority may make grants to governmental entities as provided for in Chapter 22 of Title 36 and as otherwise provided by law. (b) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans, The authority and a local

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government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (c) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following:
( 1) As appropriate and permitted by law, establish and co Beet taxes, rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs ofoperation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such project, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) Create and maintain a special fund or funds as additional security for the payment of the principal revenue bonds and the interest thereon and any other amounts becoming due under any agreement entered into in connection with such bonds and for the deposit of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (3) Create and maintain such other special funds as may be required by the authority; and (4) Such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (d) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and make and carry out such contracts with the authority as may be contemplated by this article. (e) In connection with the making of any loan authorized by this article, the authority may fix and collect such fees and charges, including but not limited to reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. (f) A mutual undertaking by a local government to borrow and an undertaking by the authority to lend funds from and to each other for projects shall be a provision for services and an activity within the meaning of Article IX, Section III, Paragraph I(a) of the Constitution.'

SECTION 4. Said chapter is further amended by striking subsection (f) of Code Section 50-23-7, relating to lease agreements, and inserting in lieu thereof the following:

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'(f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all ofthe following:
(1) As appropriate and otherwise permitted by law, establish and collect taxes, rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of any project of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such project and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) Create and maintain reasonable reserves or other special funds; (3) Create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit of such revenues as shall be sufficient to pay rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; and (4) Such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment:

SECTION 5. Said chapter is further amended by striking Code Section 50-23-9, relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department ofNatural Resources, and inserting in lieu thereof the following:
'50-23-9. (a) The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this article, unless the director ofthe Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this article shall be construed to diminish the full authority and responsibility ofthe director of the Environmental Protection Division for existing statutory reviews and approvals. (b) The authority shall not enter into any contract or agreement with any local government or the Department of Natural Resources with respect to the financing, by loan or grant, of any community land conservation project or state land conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land Conservation Council has approved the community land conservation project or state land conservation project and the chairperson has directed the authority to execute the approval decision of the Georgia Land Conservation

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Council. Nothing in this article shall be construed to diminish the full authority and responsibility of the Georgia Land Conservation Council's existing statutory reviews and approvals.'

SECTION 6. Said chapter is further amended by repealing and reserving Code Section 50-23-33, relating to transfer of employees of the former 0 ffice of Energy Resources.

SECTION 7. Said chapter is further amended by repealing and reserving Code Section 50-23-34, relating to transfer of assets, funds, property, contracts, programs, obligations, and interests of the former Office of Energy Resources.

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

Approved April20, 2006.

PROFESSIONS -RESIDENTIAL AND GENERAL CONTRACTORS; LICENSING.
No. 536 (House Bill No. 1542).
AN ACT
To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; 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 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, is amended by striking subparagraph (a)(3 )(D) of Code Section 43-41-8, relating to eligibility for licensure without examination and reciprocity, and inserting in lieu thereof the following:
'(D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however,

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that such application and request for exemption shall be submitted starting January 1, 2007, and continuing thereafter.'

SECTION 2. Said chapter is further amended by striking subsections (a) and (b) ofCode Section 43-41-17, relating to the effective date oflicensing and sanctioning provisions, and inserting in lieu thereof the following:
'(a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until January 1, 2008. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business ofresidential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (I) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting January 1, 2006. The period for submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of 12 months. Furthermore, notwithstanding the foregoing, any person seeking licensure under this chapter and exemption from examination under paragraph (3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting January 1, 2007, and continuing thereafter. (b) As a matter of public policy, any contract entered into on or after January 1, 2008, for the performance of work for which a residential contractor or general contractor license is required by this chapter and which is between an owner and a contractor who does not have a valid and current license required for such work in accordance with this chapter shall be unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date ofthe original contract for the work, if stated therein, or, ifnot stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this subsection, no lien or bond claim shall exist in favor ofthe unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This

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subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this subsection.'

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

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

Approved April20, 2006.

CRIMINAL PROCEDURE- STATE ORDERED EXECUTION; MEDICAL LICENSURE CHALLENGES.
No. 537 (House Bill No. 57).
AN ACT
To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter l 0 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by adding a new Code section following Code Section 17-l 0-42 to be designated Code Section 17-10-42.1 to read as follows:
'17-10-42.1. Participation in any execution of any convicted person carried out under this article shall not be the subject of any licensure challenge, suspension, or revocation for any physician or medical professional licensed in the State of Georgia.'

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SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to executions carried out on or after July 1, 2006.

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

Approved April 21, 2006.

CRIMES- ELECTIONS- CONSERVATION- COURTSCRIMINAL PROCEDURE- HIGHWAYS- LOCAL
GOVERNMENT- MOTOR VEHICLES -LITTERING; COMPREHENSIVE REVISION.
No. 538 (House Bill No. 1320).
AN ACT
To extensively revise various prov1s10ns relating to littering and related environmental offenses; to provide a short title; to amend Article 2 of Chapter 7 of Title 16 ofthe Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change certain provisions relating to littering public and private property; to change certain provisions relating to waste control; to provide for impoundment of vehicles involved in certain littering offenses; to amend Article 1 of Chapter 2 ofTitle 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, so as to change certain provisions relating to prohibited placement of campaign posters, signs, and advertisements; to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change certain provisions relating to definitions relative to solid waste; to provide for reports by the Department of Community Affairs concerning prevention and abatement of litter; to change certain provisions relating to definitions relative to hazardous waste management; to change certain provisions relating to definitions relative to hazardous site response; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for jurisdiction of certain courts over littering offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for trial of certain littering offenses upon a summons or citation without an accusation; to change certain provisions relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law"; to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use ofpublic roads generally, so as to change certain provisions relating to securing loads on vehicles; to change certain provisions

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relating to erection, placement, or maintenance of an unlawful or unauthorized structure and removal thereof; to change certain provisions relating to littering highways; to amend Article I of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction over littering offenses; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of drivers' licenses of habitually negligent or dangerous drivers and the points system; to provide for editorial revisions; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Comprehensive Litter Prevention and Abatement Act of2006."

PART II SECTION 2-1.

Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 2, relating to littering public and private property, and inserting in lieu thereof the following:

'Part 2

16-7-40. Reserved.

16-7-41. Reserved.

16-7-42. As used in this part, the term:
(1) 'Litter' means any discarded or abandoned: (A) Refuse, rubbish, junk, or other waste material; or (B) Dead animals that are not subject to the provisions of Code Section 4-5-4.
(2) 'Public or private property' means the right ofway ofany road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; residential or

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farm properties, timberlands, or forests; or any commercial or industrial property.

16-7-43. (a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving oflitter on any public or private property in this state or any waters in this state, unless:
(1) The area is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to so use such area; (2) The litter is placed into a nondisposable litter receptacle or container designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b)(1) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (2) In addition to the punishment provided under paragraph (1) of this subsection:
(A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (B) In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. (d) Any county, municipality, consolidated government, or law enforcement agency thereof of this state which is empowered by Code Section 16-7-45 or other law to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county, municipality, or consolidated government in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the

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appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county, municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section. (e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or:
(1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, consolidated government, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any traffic or other criminal laws of the state, county, municipality, or consolidated government; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or (5) Be entitled to any indemnification from the state, county, municipality, or consolidated government for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government. (f) Notwithstanding any law to the contrary, neither the state nor any county, municipality, or consolidated government ofthis state or any department, agency, board, or officer of this state or any county, municipality, or consolidated government of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement ofthe provisions ofthis Code section or local littering ordinances. (g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor.

16-7-44. (a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation ofCode Section 16-7-43, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part. (b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the

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article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.

16-7-45. All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part.

16-7-46. All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability oflitter receptacles and requirements of this part.

16-7-47. (a) As used in this Code section, the term 'household garbage' means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials. (b) The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein ofhousehold garbage only. Ifa container is clearly marked 'household garbage only,' it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage. (c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage. (d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.

16-7-48. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.'

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SECTION 2-2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 3, relating to waste control, and inserting in lieu thereof the following:

'Part 3

16-7-50. Reserved.

16-7-51. As used in this part, the term:
(1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22. (2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. (4) 'Egregious litter' means all litter, as such term is defined in paragraph (1) of Code Section 16-7-42, exceeding ten pounds in weight or 15 cubic feet in volume; any discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance; or any substance or material dumped for commercial purposes. (5) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92. (6) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62.

16-7-52. It shall be unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit:
(1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; (2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or (3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.

16-7-53. (a) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of

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a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (b) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature. Upon the second and each subsequent offense such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in any quantity if the substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than five years, or both; provided, however, that the portion ofany term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (d) In addition to the penalties provided in subsections (a) and (b) ofthis Code section, the court may order the violator to remove or render harmless any egregious litter dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped egregious litter or to the restoration of an area polluted by such substance.
(e)(1) The court shall cause to be published a notice of conviction for each person convicted ofviolating any provision of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted. Such notice ofconviction shall contain the name and address ofthe convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an

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erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.

16-7-53.1. (a) Whenever a person has been arrested for a violation ofCode Section 16-7-52 committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section. (b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle:
( 1) Presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and (2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40. (c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if: ( 1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or (2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met. (d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid.

16-7-54. Whenever any egregious litter which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.

16-7-55. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to egregious litter or the management of solid, biomedical, or hazardous waste.

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(b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.

16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12.'

SECTION 2-3. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, and Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, are amended by striking Code Section 21-2-3, relating to prohibited placement of campaign posters, signs, and advertisements, and inserting in lieu thereof in said Article 2 of Chapter 7 of Title 16 the following:

'Part 3A

16-7-58. (a) It shall be unlawful for any person to place posters, signs, or advertisements:
( 1) On any public property or building, unless the owner thereof or the occupier as authorized .by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; or (3) On any property zoned for commercial or industrial uses if the placement of such posters, signs, or advertisements conflicts with any zoning laws or ordinances. (b) Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction ofthe public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. (c) Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (d) Any person who violates this Code section shall be punished the same as for littering under Code Section 16-7-43:

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PART III SECTION 3-1.

Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking paragraph (1.1) of Code Section 12-8-22, relating to definitions relative to solid waste, and inserting in lieu thereof the following:
'( 1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks ofinfectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board as such rule existed on January 1, 2006, and other such waste materials.'

SECTION 3-2. Said chapter is further amended in Code Section 12-8-31, relating to a solid waste management plan, by adding a new subsection to read as follows:
'(e) By December 31, 2006, and annually thereafter, the Department of Community Affairs, as part of the annual solid waste report required in subsection (d) of this Code section and in cooperation with state agencies and other entities involved in litter prevention or abatement, shall report to the Governor and the General Assembly the status of litter prevention and abatement in this state. The litter report shall include but not be limited to:
(1) An itemization of expenditures made from the Solid Waste Trust Fund for the prevention and abatement of litter; (2) A compilation and analysis of litter prevention, collection, and enforcement efforts; (3) An assessment of littering in this state; (4) A statement of progress in achieving a litter prevention ethic; and (5) Recommendations for improving litter abatement and prevention efforts.'

SECTION 3-3. Said chapter is further amended by striking paragraph (1 0) of Code Section 12-8-62, relating to definitions relative to hazardous waste management, and inserting in lieu thereof the following:
'(1 0) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on January 1, 2006, codified as 40 C.F .R. Section 261.3 and any designated hazardous waste.'

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SECTION 3-4. Said chapter is further amended by striking paragraph (4) ofCode Section 12-8-92, relating to definitions relative to hazardous site response, and inserting in lieu thereof the following:
"(4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February I, 1996, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on January 1, 2006."

SECTION 3-5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows:
'15-9-30. 7. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.'

SECTION 3-6. Said title is further amended by adding a new Code section to read as follows:
'15-10-2.1. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."

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SECTION 3-7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-9, relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law," and inserting in lieu thereof the following:
'17-6-9. Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16 and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties ofthe arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law:

SECTION 3-8. Said title is further amended by adding a new Code section to read as follows:
'17-7-73. In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, or 36-32-10.3 such offenses may be tried upon a summons or citation with or without an accusation.'

SECTION 3-9. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, are amended by striking Code Section 32-6-21, relating to securing loads on vehicles, and inserting in lieu thereof in said Title 40 the following:
'40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42. (a.l) No vehicle shall be driven or moved on any pub lie road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to:
( 1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from:

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(1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, or Georgia Board of Pub lie Safety regulations applying to the securing of loads on motor vehicles. (d) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) ofthis Code section and regulations based thereon shall not apply to organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing ~lant or point of sale or use.'

SECTION 3-10. Said chapter is further amended by striking Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure and removal thereof, and inserting in lieu thereof the following:
'32-6-51. (a)(l) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection.
(b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which:
(1) Imitates, resembles, or purports to be an official traffic-control device; (2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right ofway of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the

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officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General.
(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 advertisements' means any printed or painted signs on a bus shelter for which space has been rented or leased from the owner of such shelter.
(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

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shall be properly maintained and that its location shall meet minimum setback requirements as follows:
(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 of the 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 of removal 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 of the 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 of way ofa 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 of the 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. (e) Each sign erected, placed, or maintained in violation of paragraph (l) of subsection (a) of this Code section shall constitute a separate offense. (f) Any person who violates paragraph ( 1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.

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SECTION 3-ll. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding a new Code section to read as follows:
'36-32-10.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A municipal court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.'

SECTION 3-12. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-57, relating to suspension or revocation of drivers' licenses of habitually negligent or dangerous drivers and the points system, by striking subparagraph (c)(1)(A) and inserting in lieu thereof the following:
"(c)(1 )(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving ...........................................................................6 points Reckless driving .............................................................................. .4 points Unlawful passing ofa school bus.....................................................6 points Improper passing on a hill or a curve.............................................4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour............................................................2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles perhour..............................................................3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour...............................................................4 points Exceeding the speed limit by 34 miles per hour or more.................6 points Disobedience ofany traffic-contro Idevice or traffic officer............3 points Too fast for conditions.....................................................................0 points Possessing an open container of an alcoholic beverage while driving.................................................................................2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in

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an accident. ......................................................................................2 points Violation ofchild safety restraint requirements, first offense ............ 1point Violation of child safety restraint requirements, second or subsequent offense ...........................................................................2 points All other moving traffic violations which are not speed limit violations.........................................................................................3 points"

SECTION 3-13. Said title is further amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following:
'40-6-249. Any person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16 or driving, moving, or loading for operation a vehicle in violation of Code Section 40-6-248.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43:

PART IV SECTION 4-1.

The Official Code of Georgia Annotated is amended by reserving the following former designations:
( 1) Code Section 32-6-21; and (2) Code Section 21-2-3.

PARTV SECTION 5-l.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of adopting local ordinances to become effective on or after July 1, 2006; and for all other purposes, this Act shall become effective on July 1, 2006.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April21, 2006.

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HEALTH- SEWAGE MANAGEMENT SYSTEMS; LICENSED PLUMBERS.

No. 539 (House Bill No. 724).

AN ACT

To amend Code Section 31-2-7 ofthe Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, is amended by adding at the end thereof a new subsection (d) to read as follows:
'(d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system.'

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

Approved April21, 2006.

HIGHWAYS; HAULING OF CONSTRUCTION AGGREGATES.
No. 540 (House Bill No. 1106).
AN ACT
To amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to include the hauling of construction aggregates; 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. Code Section 32-6-26 ofthe Official Code ofGeorgia Annotated, relating to weight of vehicle and load, is amended by striking subparagraph (g)(l )(D) thereof in its entirety and inserting in its place the following:
'(D) Hauling granite, either block or sawed, or any other naturally occurring raw ore or mineral for further processing, from the quarry or stockpile area to a processing plant located in the same or an adjoining county and construction aggregates hauled to any point, unless otherwise prohibited;'.

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April21, 2006.

COURTS- SOCIAL SERVICES- JUVENILE COURT CASE DISPOSITION; MENTAL HEALTH PROCEEDINGS; DELINQUENT ACTS.
No. 541 (House Bill No. 1145).
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 certain cases in juvenile court; to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for a short title; to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judge s authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment; 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:

PART I SECTION 1.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Article 4, relating to mental health, and inserting in lieu thereof the following:

'ARTICLE 4

15-11-149. (a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child s mental condition. (b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 140l(a)(l) and 140l(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 140l(a)(20), it shall be made a part of the dispositional hearing record. (c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by Article 1. (e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources as provided in this Code section.

15-11-150. (a) The purpose of this article is to:
(1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and (2) Provide a mechanism for the development and implementation ofa mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentallY

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competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court. (b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-62.

15-11-151. As used in this article, the term:
(1) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent to stand trial by the court, and has charges pending which have not been dismissed by the court. (2) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters. (3) 'Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court. (4) 'Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter. (5) 'Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter. The child's age or immaturity may be used as the basis for determining the child's competency. (6) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (7) 'Mental retardation' means a state of significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (8) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records.

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(9) 'Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.

15-11-152. (a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be mentally competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the child's parent or legal guardian, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation ofthe childs mental condition. Prior to the administration of any such evaluation, the court shall appoint an attorney to represent the child if the child is not yet represented by counsel. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding. (b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the qualified examiner determines that the child is not competent, the qualified examiner shall complete a full mental health evaluation, study, and report pursuant to Code Section 15-11-149. If the basis for questioning the child s mental competency concerns a problem with intellectual functioning, mental retardation, mental illness, maturity, or a learning disability, the qualified examiner must be a psychiatrist or licensed psychologist. The juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation. (c) A qualified examiner who conducts an evaluation under subsection (b) ofthis Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following:
(1) The reason for the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of abilities and deficits in the following mental competency functions:
(A) The ability to understand and appreciate the nature and object of the proceedings;

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(B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to render assistance to the defense attorney in the preparation of his or her case; (6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; (7) An opinion regarding whether or not the child should be considered mentally competent; and (8) A specific statement for the basis for a determination of incompetence. (d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the qualified examiner shall complete a full mental health evaluation and report pursuant to Code Section 15-ll-149, and such report shall also include the following: (1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future; (2) A recommendation as to the appropriate treatment setting and whether residential or nonresidential treatment is required or appropriate; (3) Where appropriate, recommendations for the general level and type of remediation necessary for significant deficits; and (4) Where appropriate, recommendations for modifications ofcourt procedure which may help compensate for mental competency weaknesses. (e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources. (h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the state's case-in-chief.

15-11-153. (a) A hearing to determine mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days' prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days' prior

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written notice of the hearing shall be served on the prosecuting attorney for all mental competency proceedings in which the prosecuting attorney, or a member of the prosecuting attorney's staff, may participate. The hearing may be continued by the court for good cause shown. (b) The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. (c) At the hearing to determine mental competency, the attorney representing the child and the attorney representing the state shall have the right to:
(1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state. (d) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties and any additional evidence presented. (e) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent. (f) Ifthe court finds that the child is not mentally competent, the child shall be adjudicated dependent by the court. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously. (g) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and whether the child requires a secure or nonsecure treatment. (h) Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings.

15-11-153.1. (a) If the court determines that a child is mentally incompetent, is dependent, is alleged to have committed an unruly act or an act which would be a misdemeanor if committed by an adult, the court may dismiss the petition without prejudice. (b) A child who is found to be mentally incompetent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition provided that the mental incompetency exists.

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15-11-153.2. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. (b) When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. (c) If the child's mental competency IS restored, jurisdiction of the case may be returned to the sending court.

15-11-154. (a) Upon an adjudication of dependency, the court having jurisdiction ofthe case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days ofthe court's adjudication of dependency. That plan shall include the following:
(1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration; (2) An outline of the specific provisions for supervision of the child for protection of the community and the child; (3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services in the least restrictive environment achievable within the limits of current resources; (4) Ifthe plan recommends treatment in a secure environment, certification by the plan manager that all other appropriate community based treatment options have been exhausted; and (5) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan. The court in its discretion may grant the plan manager an extension in filing the mental competency plan. (b)(1) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting:
(A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the child; (G) A representative from the child's school; and (H) Any family member of the child who has shown an interest and involvement in the child's well-being.

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(2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following:
(A) A representative from the division of public health; (B) A child protective services worker; and (C) Representatives of the public and private resources to be utilized in the plan. (3) The plan manager shall be responsible for collecting all previous histories ofthe child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting. (4) Before the disposition hearing and review hearings, the plan manager shall be responsible for convening a meeting of all parties and representatives of all agencies. (5) The plan manager and persons enumerated in paragraph (l) of subsection (b) of this Code section shall identify to the court any person who should provide testimony at such hearing. (6) The plan manager shall be responsible for monitoring the competency plan, presenting to the court amendments to such plan as needed, and presenting evidence to the court for the reapproval of such plan at subsequent review hearings.

15-ll-155. (a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the mental competency plan every six months during the child's dependency. (b) The persons required to be notified of the mental competency disposition hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days' prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child. (c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. At the time of disposition, a child who has been adjudicated a dependent of the court shall be placed in an appropriate treatment setting. If a dependent child is housed in a detention or youth development facility at the time of disposition, such child shall be moved to an appropriate treatment setting within five business days. (d) If the court determines at any time that the child will not become competent to proceed, the court may dismiss the delinquency petition. If, at the end of the

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two-year period following the date ofthe order of incompetence, the child has not attained competence and there is no substantial evidence that the child will attain competence within a year, the court shall dismiss the delinquency petition. If appropriate, the court may order that civil commitment proceedings be initiated. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency petition. (e) The prosecuting attorney or a member ofthe prosecuting attorney's staffmay seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant laws for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (f) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended mental competency plan. (g) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's not being mentally competent. If the court dismisses the petition, the state may seek to refile petitions alleging felonies if the child is later determined to be mentally competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent.
(h)(l) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (a) ofCode Section 15-11-58.1. (2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court. (i) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. Ifthis motion is granted, the court shall proceed as provided in Code Sections 15-11-152,15-11-153,15-11-153.1,15-11-153.2,15-11-154,

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and this Code section and shall enter findings of fact as to the child s mental competency. U) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services:

PART II SECTION 2.

This part shall be known and may be cited as the "Amy's Law."

SECTION 3. Said chapter is further amended by striking Code Section 15-11-70, relating to duration and termination of orders of disposition for delinquent or unruly children and extensions of such orders, and inserting in lieu thereof the following:
'15-11-70. (a) Except as provided in subsection (b) of this Code section, an order of disposition committing a delinquent or unruly child to the Department ofJuvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(I) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order; (2) Reasonable notice ofthe factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) Ifthe court commits a delinquent child to the Department of Juvenile Justice for a delinquent act which ifdone by an adult would be the crime of murder, then the court's commitment may continue until the child's twenty-first birthday. The court shall determine whether any or all of the child s commitment should include an order for restrictive custody by making specific written findings of fact using the elements set forth in paragraphs (1) through (5) of subsection (c) of Code Section 15-11-63. Any child committed to the Department of Juvenile Justice under the provisions of this subsection shall not be released from confinement or discharged from the custody of the Department of Juvenile Justice unless a motion for early release is granted by the court. The court which made the order of commitment may shorten the duration of its order if: ( 1) A hearing is held prior to the expiration of the order upon motion of a party or on the courfs own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the parties affected; and (3) The court finds that the discharge is necessary to accomplish the purposes of the original order and for the treatment or rehabilitation of the child.

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(c) Except as provided in subsection (b) of this Code section, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
( 1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice ofthe factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration ofthe prior order. (d) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (e) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."

SECTION 4. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by striking subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children and their discharge from commitment, and inserting in lieu thereof the following:
'(e) Except as provided by subsection (e.l) of this Code section and subsection (b) of Code Section 15-11-70, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the child s care and treatment has been completed, the department may:
( 1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the child's confinement under such conditions as the department may believe best designed to serve the child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the child from control of the department pursuant to subsection (a) of Code Section 15-11-70 when it is satisfied that such discharge will best serve the child s welfare and the protection of the public."

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

Approved April21, 2006.

CONSERVATION -HERTY FOUNDATION RENAMED AS HERTY ADVANCED MATERIALS DEVELOPMENT
CENTER; PURPOSES; REPORTS.
No. 542 (House Bill No. 1184).
AN ACT
To amend Part 5 of Article I of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for an annual report; 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 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, is amended by striking Code Section 12-6-131, relating to creation of foundation, board of trustees and their terms, and purpose of foundation, and inserting in its place a new Code section to read as follows:
'12-6-131. (a) The Herty Advanced Materials Development Center is created as a body politic and corporate, with perpetual succession of members for the purposes stated in this part, and as such shall have full power and authority to make bylaws for its own governance and rules and regulations for the governance of the directors and employees, to contract with all necessary employees for the successful operation of the center, to bring and defend actions by the name and style aforesaid, and to have and use a common seal. The center generally shall be clothed with all the rights, powers, and privileges incident to corporations and necessary or convenient for carrying out the purposes of their creation. (b) There is created and established a board of trustees for the Herty Advanced Materials Development Center, to be composed of five members to be appointed by the Governor. Trustees shall be named for five-year terms staggered so that one term will expire each year. Their successors shall be named for five-year terms.

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(c) The purposes of the Herty Advanced Materials Development Center are to conduct research, development, and commercialization with respect to natural and synthetic organic and inorganic materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural or synthetic materials ofall types that serve to enhance the economy of the State of Georgia. (d) The center is assigned to the Department of Economic Development for administrative purposes only. (e) The center is authorized to incorporate one or more nonprofit corporations as subsidiary corporations ofthe center for the purpose of carrying out any of the powers of the center and to accomplish any of the purposes of the center. Any subsidiary corporations created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the center, any assets shall revert to the center or to any successor to the center or, failing such succession, to the State of Georgia. The center and all subsidiary corporations created pursuant to this Code section shall enjoy the same rights and privileges as any other governmental agency under Code Section 50-18-72.'

SECTION 2. Said part is further amended by striking Code Section 12-6-133, relating to the powers of the Herty Foundation, and inserting in its place a new Code section to read as follows:
'12-6-133. The center shall have the following powers:
(1) To establish and modify from time to time a system of experimentation in natural and synthetic materials of all types; (2) To conduct research, development, and commercialization with respect to natural and synthetic materials of all types; to accelerate the commercial availability ofnewly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural and synthetic materials of all types that serve to enhance the economy of the State of Georgia and to produce and manufacture for others goods and products using pulpwood and natural or synthetic fibers and material; (3) To accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; (4) To acquire and own realty and personal property regardless of where located; and (5) To do generally such acts and things as are found necessary to promote and advance the basic purpose of the center as stated in Code Section 12-6-131:

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SECTION 3. Said part is further amended by striking Code Section 12-6-134, relating to the purpose of the Herty Foundation, acceptance of donations and appropriations, certain duties, and reports, and inserting in its place a new Code section to read as follows:
'12-6-134. (a) The Herty Advanced Materials Development Center is declared to be a public center created, designed, and intended for the purpose of rendering services not only to the citizens of Georgia but, in equal manner and to the same extent, to the citizens of the other states of the South. (b) The center is authorized to accept donations, bequests, and appropriations from this state or any other state or any subdivision thereof or from any individual or corporation. In consideration of such appropriations, the center is empowered to conduct, within the limits of its equipment, experimentation on any pulpwood or natural or synthetic fibers or materials peculiarly beneficial to the various states making such appropriations. (c) The center is required to permit the citizens of those states or subdivisions contributing to the support of the center to visit and go upon the premises, observe the experiments, and in general to exercise and enjoy a full and free privilege at and around experimental stations. (d) The center is directed to produce an annual report on its activities and to make such report available upon request.'

SECTION 4. Said part is further amended by striking Code Section 12-6-135, relating to the appointment of directors from states making financial contribution to the Herty Foundation and effect of cessation of contributions, and inserting in its place a new Code section to read as follows:
'12-6-135. If at any time any other state making financial contributions or appropriations to the support of the center desires to be represented on the board of directors, authority is given to the governor of such other state to appoint one citizen of his or her state to become a director of the center, who shall upon being thus appointed have and enjoy the same rights and powers as the five original members, provided that when any state ceases for a period of one year to contribute to the support of the center, the member of the board of directors appointed by such state shall automatically cease to be a member of the board and shall cease to enjoy and exercise the powers of such director:

SECTION 5. Said part is further amended by striking Code Section 12-6-136, relating to service of process upon the Herty Foundation, and inserting in its place a new Code section to read as follows:

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'12-6-136. No process shall be deemed served upon the center by service upon any person other than one of the five trustees provided for in Code Section 12-6-131:

SECTION 6. Said part is further amended by striking Code Section 12-6-137, relating to the Herty Foundation's title to property, and inserting in its place a new Code section to read as follows:
'12-6-137, The title to the properties of the center shall be vested in the five trustees whose residence shall be in Georgia and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to the county in which actions may be brought and the proceedings regarding service to be as now provided by law, provided that in the event the center is dissolved, the assets of the center shall revert to the State of Georgia.'

SECTION 7. Said part is further amended by striking Code Section 12-6-138, relating to the Herty Foundation's support of experimental work, and inserting in its place a new Code section to read as follows:
'12-6-138. The board of directors as provided for in Code Section 12-6-132 shall have such authority as they may, in their discretion, require in order to extend support to other individuals or centers in experimental work with pulpwood or natural or synthetic fibers or materials of all kinds.'

SECTION 8. Said part is further amended by striking Code Section 12-6-139, relating to audit ofthe Herty Foundation's accounts, and inserting in its place a new Code section to read as follows:
'12-6-139. It shall be the duty of the state auditor to audit the books and accounts of the center and to submit such audit to the Governor, who shall notify the members of the General Assembly of the availability of the audit in the manner which he or she deems to be most effective and efficient.'

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

Approved April 21, 2006.

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HIGHWAYS- MOTOR VEHICLES; UNPAID TOLLS; FEES AND PENALTIES.

No. 543 (House Bill No. 1190).

AN ACT

To amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to enforcement of the provisions relating to registration and licensing of motor vehicles, so as to provide for suspension of the offender's motor vehicle registration for multiple violations of the toll provisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, is amended by striking subsection (c) in its entirety and inserting in its place the following:
'(c)(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of $25.00 per violation to recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. Upon failure of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. Ifthe authority finds multiple failures by a registered owner of a vehicle to pay the proper toll and administrative fee after notice thereof and within the time designated in such notice, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice

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thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations ofthis subsection, the motor vehicle registration ofsuch registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. Actions taken by the authority under this subsection shall be made in accordance with policies and procedures approved by the members of the authority. (2) The registered owner of a vehicle which is observed being driven or towed through a toll collection facility without payment of the proper toll may avoid liability under this subsection by presenting to the authority a copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (3) For purposes of this subsection, for any vehicle which is registered to an entity other than a natural person, the term 'registered owner' shall be deemed to refer to the natural person who is the operator of such motor vehicle at the time of the violation of this subsection, but only if the entity to which the vehicle is registered has supplied to the authority, within 60 days following notice from the authority or its authorized agent, information in the possession of such entity which is sufficient to identify and give notice to the natural person who was the operator of the motor vehicle at the time of the violation of this subsection."

SECTION 2. Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to enforcement of the provisions relating to registration and licensing of motor vehicles, is amended by inserting a new Code Section 40-2-135.1 immediately following Code Section 40-2-135, relating to revocation of license plates, to read as follows:
'40-2-135.1. As provided in subsection (c) of Code Section 32-10-64, the motor vehicle registration of any owner who has failed to pay, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative

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Hearings as due and payable for one or more violations of such subsection, shall be immediately suspended by operation of law.'

SECTION 3. This Act shall become effective on January 1, 2007.

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

Approved April21, 2006.

HEALTH-MENTAL HEALTH; COMMUNITY SERVICE BOARDS;
NUMEROUS REVISIONS.
No. 544 (House Bill No. 1223).
AN ACT
To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws ofcommunity mental health, developmental diseases, and addictive diseases service boards; to revise certain provisions relating to the program director, staff, budget, and facilities of community service boards; to provide for the ceasing ofoperations of a community service board; to revise certain provisions relating to director's emergency powers upon failure of community service board to establish and administer progress; to revise certain provisions relating to allocation of available funds for services; to provide for statutory construction; 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 3 of Title 31 of the Official Code of Georgia Annotated, relating to countY boards of health, is amended by striking Code Section 31-3-12.1, relating to

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contracts between county boards and authorization for and provisions applicab 1e to a county board of health serving as a community service board, in its entirety and inserting in its place the following:
'31-3-12.1. (a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual agreement between the parties. In the event that the county governing authority exercises the authority granted by this subsection, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by this subsection. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the county board of health and shall have no formal reporting relationship with the director of the county board of health. (b) Pursuant to subsection (e) of Code Section 37-2-6, a county governing authority may authorize the membership of a county board of health to serve as the membership of a community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the county board of health, and any other affected county governing authority act pursuant to subsection (e) of Code Section 37-2-6. If the membership of a county board of health exercises the authority granted pursuant to this subsection and Chapter 2 of Title 37 to serve as the membership of a community service board, the membership ofthe county board of health shall constitute the membership of the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department prior to adoption:

SECTION 2. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraphs (4) and (20) of Code Section 37-1-1, relating to definitions regarding general provisions relative to mental health, in their entirety and inserting in their respective places the following:

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"(4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6."

SECTION 3. Said title is further amended by striking paragraph (2) of Code Section 37-2-2, relating to definitions relative to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, in its entirety and inserting in its place the following:
"(2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2.1) 'Community service board area' means an area inclusive ofthe counties which fall within the boundaries of a community service board as designated by the division pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services."

SECTION 4. Said title is further amended by striking subsection (b) of Code Section 37-2-3, relating to designation of boundaries for mental health, developmental disabilities, and addictive diseases regions, in its entirety and inserting in its place the following:
"(b) The division, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The division shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area."

SECTION 5. Said title is further amended by striking Code Section 37-2-6, relating to the creation, membership, participation, powers, and bylaws of community mental

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health, developmental diseases, and addictive diseases service boards, in its entirety and inserting in its place the following:
'37-2-6. (a) Community service boards in existence on June 30, 2006, are re-created effective July I, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such community service boards may enroll and contract with the department to become a provider of mental health, developmental disabilities, and addictive diseases services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality ofthe state; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation ofa community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows:
(l)(A) The governing authority of each county within the community service board area:
(i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) ofthis paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and

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(ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed

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the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July I, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30,2006, shall expire on June 30, 2006;and (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications ofparagraph (I) of subsection (b) ofthis

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Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, ofthe community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is represented on the community service board, and in making such appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes ofthis subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501 (c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services. (c.l) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the

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division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board ofhealth qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) Ifthe conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 3 1, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute no less than 50

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percent of the board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term ofoffice for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive

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director, upon receipt ofthe resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF __________
I, -------------------' do solemnly swear or affirm that I will truly perform the duties of a member of the ----------------------Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state.

Signature of member of ________________ Community Service Board

Typed name of member of _____________ Community Service Board Sworn and subscribed before me this ______ day
of --------------
(SEAL)'
SECTION 6. Said title is further amended by striking Code Section 37-2-6.1, relating to the program director, staff, budget, and facilities of community service boards, in its entirety and inserting in its place the following:
'37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and

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removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance pro grams; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards;

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(7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as long as and to the extent that each employee of such board who is a covered employee as defined in Code Section 45-20-2 and is subject to the rules and regulations of the State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may establish fees for the provision of disability services according to the terms of contracts entered into with the Department of Human Resources and the Department of Community Health; (10) Each community service board may accept appropriations, loans offunds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; ( 14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; ( 15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services in accordance with the terms of contracts entered into with the department;

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( 16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation ofthe state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section ifthe highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and ( 18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision ofdisability services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following:

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(1) Disability services; (2) The cost ofacquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. U) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers ofthe community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as ofJuly 1, 2004, may continue to be employed. (1) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability professionals, and other providers of disability services to arrange for the provision of disability services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services in an efficient

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and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care or disability services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care or disability service."

SECTION 7. Said title is further amended by adding after Code Section 37-2-6.4, relating to reconstituting or converting of organizational structure, a new Code section to read as follows:
'37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that:
(l) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services ofthe community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division shall determine:
(A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) ofCode Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor;

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(B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) ofCode Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership ofthe board ofhealth of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets ofthe board, and, after payment

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of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation."

SECTION 8. Said title is further amended by striking Code Section 37-2-10, relating to director's emergency powers upon failure of community service board to establish and administer progress, in its entirety and inserting in its place the following:
"37-2-10. (a) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director, with concurrence of the commissioner and the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets ofthe community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees. (c)(l) Notwithstanding any other provisions of the law, in extenuating circumstances, the director with the concurrence of the commissioner and the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the director finds that the community service board:

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(A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and without the intervention of the department, continued provision of disability services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director may remove such member or executive director from office; and (I) Report at least monthly to the director on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service

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board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may:
(A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board.'

SECTION 9. Said title is further amended by striking subsections (b) and (c) of Code Section 37-2-11, relating to allocation of available funds for services, in its entirety and inserting in its place the following:
'(b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the division, shall be reported to the division and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The division shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the division; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution offunds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division shall develop a state-wide

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sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay."

SECTION 10. Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any law amended or repealed by this Act.

SECTION 11. This Act shall become effective July 1, 2006, except that those provisions which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved April21, 2006.

CRIMES -MOTOR VEHICLES - COMMERCIAL DRIVER'S LICENSE REVOCATION OR DISQUALIFICATION; DUI EVIDENCE.
No. 545 (House Bill No. 1275).
AN ACT
To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the revocation of a commercial driver's license upon violation of Code Sections 16-8-2 through 16-8-9; to amend Chapter 5 of Title 40 ofthe Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for the acquisition and admission of evidence regarding driving under the influence under certain circumstances; to disqualify certain commercial driver's license holders upon conviction of certain offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking paragraph (8) of subsection (a) of Code

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Section 16-8-12, relating to penalties for violation ofCode Sections 16-8-2 through 16-8-9, and inserting in its place a new paragraph (8) to read as follows:
n(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151, or any combination of such penalties. For purposes of this paragraph, the term 'vehicle' includes without limitation any railcar.n

SECTION 2. Chapter 5 of Title 40 ofthe Official Code of Georgia Annotated, relating to driver's licenses, is amended by inserting a new subsection (d.1) in Code Section 40-5-67.1, relating to chemical tests, to read as follows:
"(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.n

SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-151, relating to disqualification from driving, and inserting in lieu thereof the following:
n(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person is driving or being in actual physical control ofa moving commercial motor vehicle or a moving noncommercial vehicle; (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; (C) Driving or being in actual physical control of a moving noncommercial vehicle in violation of Code Section 40-6-3 91; or (D) Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the theft was a vehicle engaged in commercial transportation as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12; or
(2) For refusal to submit to a test as prescribed in Code Section 40-5-55 to determine the driver's alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle.n

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

Approved April 21, 2006.

INSURANCE- AUTOMOBILE CLUBS.
No. 546 (House Bill No. 1291).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by adding a new Chapter 61 to read as follows:
"CHAPTER 61
33-61-1. As used in this chapter, the term:
(1) 'Automobile club' or 'club' means any person, who in consideration of fees, dues, periodic payments, or other specifically stated charges, promises its members to provide automobile club services. (2) 'Automobile club services' shall include, but not be limited to, the assumption of or reimbursement of the expense or a portion thereoffor towing of a motor vehicle, emergency road service, matters relating to the operation, use, and maintenance of a motor vehicle, and the supplying of services which includes, augments, or is incidental to theft or reward services, discount services, arrest bond services, lock and key services, trip interruption services, and legal fee reimbursement services in defense of traffic related offenses. (3) 'Commissioner' shall mean the Commissioner of Insurance of the State of Georgia.
33-61-2. An automobile club performing services as defined in this chapter shall not be subject to any laws respecting insurance companies of any class, kind, or

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character in this state or regulation under such laws because of performance of those services.

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 21, 2006.

PENAL INSTITUTIONS -VENDING MACHINES; CORRECTIONS EMPLOYEES BENEFIT FUNDS.
No. 547 (House Bill No. 1318).
AN ACT
To amend Chapter 2 ofTitle 42 of the Official Code ofGeorgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement oflegislative intent; 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 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by adding a new Code section immediately following Code Section 42-2-14 to read as follows:
'42-2-15. (a) As used in this Code section, the term:
(1) 'Employee' means a full-time or part-time employee of the department or an employee serving under contract with the department. (2) 'Employee benefit fund' means an account containing the facility's profits generated from vending services maintained by a local facility. (3) 'Executive director of the facility' means the warden, superintendent, chief probation official, or such other head of a facility.

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(4) 'Facility' means a prison, institution, detention center, diversion center, probation office, or such other similar property under the jurisdiction or operation of the department. (5) 'Vending services' means one or more vending machines in a location easily accessible by employees, which services may also be accessible by members of the general public, but which vending machines do not require a manager or attendant for the purpose of purchasing food or drink items. Vending services shall be for the provision of snack or food items or nonalcoho lie beverages and shall not include any tobacco products or alcoholic beverages. (b) It is the intent of the General Assembly to provide an employee benefit as set forth in this Code section which benefit shall be of de minimis cost to the state and which shall in turn benefit the state through the retention of dedicated and experienced employees. (c) Any other provision of the law notwithstanding, a facility is authorized to purchase vending machines or enter into vending service agreements by contract, sublease, or license for the purpose of providing vending services to each facility under the jurisdiction of the department. Vending services shall be provided in any facility where the operation ofsuch vending services is capable of generating a profit for that facility. The facility's profits generated from the vending services shall be maintained by the local facility under the authority of the executive director of the facility in an interest-bearing account and the account shall be designated the 'employee benefit fund.' (d) The fund shall be administered by a committee of five representatives ofthe facility to be selected by the executive director of the facility. Funds from the account may be spent as determined by a majority vote of the committee. Funds may be expended on an individual employee of the facility for the purpose of recognizing a death, birth, marriage, or prolonged illness or to provide assistance in the event of a natural disaster or devastation adversely affecting an employee or an employee's immediate family member. Funds may also be expended on an item or activity which shall benefit all employees of the facility equally for the purposes of developing camaraderie or otherwise fostering loyalty to the department or bringing together the employees of the facility for a meeting, training session, or similar gathering. Funds spent for an individual employee shall not exceed $250.00 per person per event and funds expended for employee gatherings or items shall not exceed $1,000.00 per event or single item; provided, however, that events conducted for the benefit of employees of an entire institution shall not exceed $4,5 00.00 per event. (e) The employee benefit fund account of each facility shall be reviewed and audited by the administrative office of the local facility and by the department in accordance with standards and procedures established by the department. No account shall maintain funds in excess of $5,000.00. Any funds collected which cause the fund balance to exceed $5,000.00 shall be remitted to the department's general operating budget.

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(f) Nothing in this Code section shall prohibita facility from purchasing vending machines or providing or maintaining vending services which do not generate a profit, provided that such services are of no cost to the department, nor shall this Code section be construed so as to prohibit a private provider of vending services from making or retaining a profit pursuant to any agreement for such services.'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April21, 2006.

PROPERTY; HOSPITAL AND OTHER MEDICAL PROVIDER LIENS.
No. 548 (Senate Bill No. 306).
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change provisions relating to duty of the clerk of superior court to record certain transactions and duties as to lien book; to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; 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 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking subparagraph (a)(l)(C) of Code Section 44-2-2, relating to the duty of the clerk of the superior court to record certain transactions, and inserting in lieu thereof the following:
'(C) Liens of all kinds; and'
SECTION 2. Said title is further amended by striking Code Section 44-14-471, relating to filing of verified statement, and inserting in lieu thereof the following:

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"44-14-4 71. (a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice:
( 1) Shall, not less than 15 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file in the office of the clerk ofthe superior court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, which statement must be filed within the following time period:
(A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within 75 days after the person has been discharged from the facility; or (B) If the statement is filed by a physician practice, then the statement shall be filed within 90 days after the person first sought treatment from the physician practice for the injury. (b) The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they received the written notice provided for in this Code section. The failure to perfect such lien by timely complying with the notice and filing provisions of paragraphs (1) and (2) of subsection (a) of this Code section shall invalidate such lien, except as to any person, firm, or corporation liable for the damages, which receives prior to the date of any release, covenant not to bring an action, or settlement, actual notice of a notice and filed statement made under subsection (a) of this Code section, via hand delivery, certified mail, return receipt requested, or statutory overnight delivery with confirmation of receipt."

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SECTION 3. Said title is further amended by striking Code Section 44-14-4 72, relating to duties of the clerk of the superior court as to lien book, and inserting in lieu thereof the following:
'44-14-472. The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice, the operators thereof, and the patient; and the amount claimed. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by subparagraph (f)(1 )(A) of Code Section 15-6-77 as his or her fee for such filing.'

SECTION 4. Said title is further amended by striking Code Section 44-14-473, relating to the effect of a covenant not to bring an action, and inserting in lieu thereof the following:
'44-14-473. (a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-47 0 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporation's insurer. If the claimant prevails in the action, the court may allow reasonable attorney's fees. The action shall be commenced against the person liable for the damages or such person's insurer within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. (b) No release or covenant not to bring an action which is made before or after the patient was discharged from the hospital, nursing home, or provider of traumatic burn care medical practice or, with respect to a physician practice, which is made after the patient first sought treatment from the physician practice for the injuries shall be effective against the lien perfected in accordance with Code Section 44-4-471, if such lien is perfected prior to the date of the release, covenant not to bring an action, or settlement unless consented to by the lien claimant; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, physician practice, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures from the injured party an affidavit as prescribed in subsection (c) of this Code section shall not be bound or otherwise affected by the lien except as

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provided in subsection (c) of this Code section, regardless ofwhen the settlement, release, or covenant not to bring an action was consummated. (c) The affidavit shall affirm:
( 1) That all hospital, nursing home, physician practice, or provider of traumatic burn care medical practice bills incurred for treatment for the injuries for which a settlement is made have been fully paid; and (2) The county of residence of such affiant, if a resident of this state; provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiant's residence and the lien of the claimant is at such time on file in the office of the clerk of the superior court of the county and is recorded in the name of the patient as it appears in the affidavit. n

SECTION 5. Said title is further amended by striking Code Section 44-14-475, relating to the effect of this part on a settlement before entry into a hospital, nursing home, or traumatic burn care medical facility, and inserting in lieu thereof the following:
'44-14-4 75. No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, or facility which provides traumatic burn care medical practice or prior to the time the patient first sought treatment from the physician practice for the injuries shall be affected by or subject to the terms of this part.'

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

Approved April 21, 2006.

EDUCATION; STATE BOARD OF TECHNICAL AND ADULT EDUCATION;
MEETINGS; FREQUENCY.
No. 549 (Senate Bill No. 436).
AN ACT
To amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by striking Code Section 20-4-13, relating to meetings of the State Board of Technical and Adult Education, and inserting in lieu thereof the following:
'20-4-13. The State Board ofTechnical and Adult Education shall meet monthly; provided, however, that the board may suspend up to two such meetings per year depending upon the press of business. Additional meetings may be called by the chairperson or at the request of three or more of the members. The State Board of Technical and Adult Education shall adopt procedures for the conduct of its activities.'

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 April21, 2006.

EDUCATION -HOPE GRANTS AND SCHOLARSHIPS; SET AMOUNT FOR
MANDATORY FEES.
No. 550 (Senate Bill No. 506).
AN ACT
To amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, is amended by striking

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paragraph (1) of subsection (h) of Code Section 20-3-519.2, relating to HOPE scholarships at public postsecondary institutions, and inserting in lieu thereof the following:
'(h)(l) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection.'

SECTION 2. Said part is further amended by adding at the end of subsection (h) of said Code Section 20-3-519.2 a new paragraph (3) to read as follows:
'(3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January I, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13:

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

Approved April21, 2006.

CRIMES- BINGO; NONPROFIT, TAX-EXEMPT ORGANIZATION.
No. 551 (Senate Bill No. 545).
AN ACT
To amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to defmitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, is amended by adding a new paragraph (3.1) to read as follows:
0 (3 .1) 'Nonprofit, tax-exempt organization' means an organization, association, corporation, or other legal entity which has been determined by the federal Internal Revenue Service to be exempt from taxation under federal tax law and has been determined by the Georgia Department of Revenue to be exempt from taxation under the tax laws of this state; which is organized or incorporated in this state or authorized to do business in this state; and which uses the proceeds from any bingo games conducted by such organization solely within this state.'

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

Approved April21, 2006.

STATE GOVERNMENT- SURPLUS PROPERTY; SALE; DISPOSITION.
No. 552 (Senate Bill No. 592).
AN ACT
To amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; 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. Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to disposition of surplus property, is amended by striking Code Section 50-5-141, relating to the transfer, sale, trade, or destruction of property, in its entirety and inserting a new Code Section 50-5-141 to read as follows:
"50-5-141. (a) The Department of Administrative Services is authorized and it shall be its duty to dispose of surplus property by one of the following means:
( 1) Transfer to other state agencies;

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(2) Sell to the highest responsible bidder for cash; (3) Sell by fixed price; provided, however, that surplus property sold by fixed price shall have been originally purchased by the state for an amount of $5,000.00 or less; (4) Trade in such surplus property on the purchase of new equipment if the Department of Administrative Services shall determine that such action is for the best interest of the state; or (5) Where the Department of Administrative Services shall determine that the surplus property has no value or that the cost of maintaining and selling the surplus property exceeds the anticipated proceeds from the sell of the surplus property, by destruction and disposal and order of removal from the inventory of the department, institution, or agency with such action noted thereon. (b) No employee of the Department of Administrative Services or such employee's immediate family member shall purchase surplus property sold by fixed price or negotiated sale; nor shall any person purchase surplus property by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employee's immediate family member.

SECTION 2. Said article is further amended by striking Code Section 50-5-142, relating to the commissioner's authority to promulgate rules and regulations, in its entirety and inserting a new Code Section 50-5-142 to read as follows:
'50-5-142. The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections 50-5-140, 50-5-141, 50-5-143, 50-5-144, and 50-5-146 and shall establish procedures for the disposition of surplus property, including the manner whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured.'

SECTION 3. Said article is further amended by striking Code Section 50-5-144, relating to the transfer of surplus property to private health or educational institutions or public corporations by negotiated sale, in its entirety and inserting a new Code Section 50-5-144 to read as follows:
'50-5-144. (a) As used in this Code section, the term:
(1) 'Charitable institution' means any nonprofit tax-exempt person, firm, or corporation providing services within this state. (2) 'Public corporation'means any public authority or other public corporation created by or pursuant to state law. (b) In addition to any other authority provided by Code Sections 50-5-140 through 50-5-143, this Code section, and Code Section 50-5-146, the Department of Administrative Services shall be authorized to dispose of surplus property, including surplus property subject to paragraph (7) ofCode Section 50-5-51, by

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the transfer of the property to any charitable institution or public corporation through a negotiated sale if the department determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property. (c) When any surplus property is sold to a charitable institution or to a public corporation pursuant to subsection (b) of this Code section, the sale shall be subject to the following conditions:
( 1) The property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services; and (2) The Department of Administrative Services shall have the right and obligation to supervise the resale of the property at public outcry to the highest responsible bidder if the resale is within one year after the sale and, if the resale price exceeds the original negotiated sales price, the amount of the excess shall be paid to the Department of Administrative Services."

SECTION 4. Said article is further amended by striking Code Section 50-5-146, relating to penalties, in its entirety and inserting a new Code Section 50-5-146 to read as follows:
"50-5-146. Any person who causes state property having a value of less than $200.00 to be disposed of in violation of this article shall be guilty of a misdemeanor. If such property has a value of$200.00 or more, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years."

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

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

Approved April21, 2006.

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COURTS- GEORGIA DRIVER'S EDUCATION COMMISSION; FINES AND FORFEITURES.

No. 553 (Senate Bill No. 637).

AN ACT

To amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461 ), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 10 of Chapter 21 of Title 15 of the Official Code ofGeorgia Annotated, relating to "Joshua's Law," is amended by striking subsection (a) of Code Section 15-21-173, relating to the membership, terms, and appointment of the members of the Georgia Driver's Education Commission, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The Georgia Driver's Education Commission shall consist of eight members who shall serve for terms of four years, except that the members in office on the effective date of this subsection shall serve the terms to which they were originally appointed. The State Board of Education shall appoint one member of the commission and the Department of Driver Services shall appoint two members of the commission. The director ofthe Governor's Office of Highway Safety shall appoint one member of the commission. The remaining four members of the commission shall be appointed by the Governor, two of whom shall be public school driver s education providers and the other two shall be private driver's education providers. The Governor shall also establish initial terms of office for all members of the commission within the limitations of this subsection:

SECTION 2. An Act approved May 10, 2005 (Ga. L. 2005, p. 1461), is amended by striking Section 1 in its entirety.

SECTION 3. Said Act is further amended by striking Sections 3 and 4 and inserting in lieu thereof new Sections 3 and 4 to read as follows:

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'SECTION 3. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by striking Code Section 40-5-22, relating to persons not to be licensed and minimum ages for licenses, and inserting in lieu thereof a new Code Section 40-5-22 to read as follows:
'40-5-22. (a) Except as otherwise provided in this Code section, the department shall not issue any Class C driver's license to any person who is under 18 years of age or Class M driver's license to any person who is under the age of 17 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under subsection (b) of Code Section 40-5-24, issue a Class D driver's license permitting the operation of a noncommercial Class C vehicle to any person who is at least 17 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) ofCode Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years.
(a.1 )( l) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or driver's license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program. The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction

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permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection ifthe department receives notice pursuant to Code Section 20-2-70 l that indicates that such minor:
(A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph, the term "weapon" shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection

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would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (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. (4) The Department of Technical and Adult Education shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma. (a.2)(1) On and after January 1, 2002, the department shall not issue any initial Class D driver's license or, in the case of a person who has never been issued a Class D driver's license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver's license unless such person:
(A) Is at least 16 years of age and has completed an approved driver education course in a licensed private or public driver training school and in addition a cumulative total of at least 40 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or (B) Is at least 17 years of age and has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that a person 17 years of age or older who becomes a resident of this state, who meets all of the qualifications for issuance of a Class C license with the exception ofthe completion of an approved driver education training course and at least 40 hours of supervised driving experience as required by this subsection, and who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license. (2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws ofthis state and to train young drivers in the safe operation of motor vehicles.

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(3) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (4) For the purposes ofthis Code section, the term "approved driver education training course" shall include those driver education training courses approved by the Department of Driver Services. (b) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (c) The department shall not issue any driver's license to nor renew the driver's license of any person: (1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction.'

SECTION 4. Said article is further amended by striking Code Section 40-5-24, relating to instruction permits and graduated licensing, and inserting in lieu thereof a new Code Section 40-5-24 to read as follows:
'40-5-24. (a)(l) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all

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parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D driver's license under subsection (b) of this Code section will become eligible for a Class D driver's license under subsection (b) of this Code section only if such person is at least 17 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 will be eligible for a Class D driver's license. (3) This subsection does not apply to instruction permits for the operation of motorcycles. (b)(1) Any resident of this state who is at least 17 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) ofthis Code section, provided that a resident at least 17 years of age who has at any age surrendered to the department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District ofColumbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class D driver's license.

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(2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
(B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age. (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member ofthe driver's immediate family. (iii) Notwithstanding the provisions of division (i) of this subparagraph, during the second six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle who is not a member of the driver's immediate family is less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense. (3) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age. (c) Any resident of this state who is at least 17 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months; provided, however, that a person who

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is at least 16 years of age and meets all of the other qualifications of this subsection except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class M motorcycle instruction permit. A motorcycle instruction permit shall not be valid when carrying passengers, on a limited access highway, or at night. (d) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. (e) The department shall issue a temporary driver s permit to an applicant for a driver s license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver s license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal. (t) For the purposes of this Code section, the term "approved driver education training course" shall include those driver education training courses approved by the Department of Driver Services."

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 21, 2006.

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REVENUE; INCOME TAX CREDITS; QUALIFIED DONATION OF REAL PROPERTY FOR CONSERVATION PURPOSES.

No. 554 (House Bill No. 1107).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.9, to be designated Code Section 48-7-29.10, to read as follows:
'48-7-29.10. (a) As used in this Code section, the term:
( l) 'Conservation purposes' means real property which is qualified as conservation land pursuant to Chapter 22 of Title 36. (2) 'Qualified donation' means the fee simple conveyance to the state; a county, a municipality, or a consolidated government of this state; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of l 00 percent of all right, title, and interest in the entire parcel of donated real property, which donation is accepted by such state, county, municipality, consolidated government, or bona fide charitable nonprofit organization. Such term shall also include the donation to and acceptance by the state; a county, a municipality, or a consolidated government of this state; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of an interest in real property which qualifies as a conservation easement under paragraph (4) of Code Section 36-22-2. Any real property which is otherwise required to be dedicated pursuant to local government regulations or ordinances or to increase building density levels shall not be eligible as a qualified donation under this Code section. Any real property which is used for or associated with the playing of golf, or is planned to be so used or associated shall not be eligible as a qualified donation under this Code section.

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(b) A taxpayer shall be allowed a state income tax credit against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for each qualified donation of real property for conservation purposes. Except as otherwise provided in subsection (d) of this Code section, such credit shall be limited to an amount not to exceed the lesser of $500,000.00 or 25 percent of the fair market value of the donated real property as fair market value is established pursuant to Code Section 48-5-2(3) for the year in which the donation occurred. (c) No tax credit shall be allowed under this Code section unless the taxpayer files with the taxpayer's income tax return a copy of a certification by the Department of Natural Resources that the donated property is suitable for conservation purposes. The Board of Natural Resources shall promulgate any rules and regulations necessary to implement and administer this subsection, including, but not limited to, policies to guide the determination of whether ornot donated property is suitable for conservation purposes. A final determination by the Department of Natural Resources with respect to the suitability of donated property for conservation purposes shall be subject to review and appeal under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. In no event shall the total amount of the tax credit allowed to a taxpayer under subsection (b) of this Code section exceed $250,000.00 with respect to tax liability determined under Code Section 48-7-20 or $500,000.00 with respect to tax liability determined under Code Section 48-7-21. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding five years' tax liability. However, the amount in excess of such annual dollar limits shall not be eligible for carryover to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 2006.

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

Approved April21, 2006.

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DEDICATE CHARLES S. (BUDDY) COWAN, JR. MEMORIAL BRIDGE.

No. 555 (Senate Resolution No. 1094).

A RESOLUTION

Celebrating the life of Charles S. (Buddy) Cowan, Jr., and dedicating the Charles S. (Buddy) Cowan, Jr. Memorial Bridge; and for other purposes.

WHEREAS, Charles Cowan was a native son of Georgia, born on February 10, 1923, in Baldwin County, Georgia; and

WHEREAS, Buddy Cowan served honorably in the United States Armed Forces from January 1943 until November 1946, including two years of service in the South Pacific; and

WHEREAS, Charles Cowan began employment with the State Highway Department of Georgia on March 1, 1948, and continued his career with the Georgia Department of Transportation until his retirement on August 1, 1977; and

WHEREAS, during his career, Charles Cowan worked on and supervised the construction of many road projects in Baldwin and other counties; and

WHEREAS, Charles Cowan was the Project Engineer when the State Route 22 bridge over Watson Creek was constructed; and

WHEREAS, said bridge is located only a few hundred feet from the home he shared with his wife and three children; and

WHEREAS, the State of Georgia lost a distinguished citizen with the passing of Charles S. (Buddy) Cowan, Jr., on March 20, 2001; and

WHEREAS, Charles Cowan is survived by his wife, Geraldine Lynch Cowan; his son, Ronald C. Cowan; and his two daughters, Diane C. Mahlberg and Faye C. Bowen; and

WHEREAS, it is only fitting that a man who did so much to improve the highway system in Georgia and Baldwin County have a bridge named in his honor.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on SR 22 where it crosses Watson Creek in Baldwin County is dedicated as the Charles S. (Buddy) Cowan, Jr. Memorial Bridge.

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BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating such bridge.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mrs. Geraldine Cowan, to the Baldwin County Commission, and to the Department of Transportation.

Approved April21, 2006.

DEDICATE DURWARD D. (RED) MURPHY MEMORIAL BRIDGE.
No. 556 (Senate Resolution No. 1093).
A RESOLUTION
Celebrating the life of Durward D. (Red) Murphy and dedicating the Durward D. (Red) Murphy Memorial Bridge; and for other purposes.
WHEREAS, Durward D. (Red) Murphy was a native son of Georgia, born on February 14, 1924, in Hancock County, Georgia; and
WHEREAS, Durward Murphy began employment with the State Highway Department of Georgia on January 18, 1950, and continued his career with the Georgia Department of Transportation until his retirement on August 1, 1982; and
WHEREAS, during his career, Durward Murphy worked on and supervised the construction of many road projects in Baldwin and other counties; and
WHEREAS, Durward Murphy was the Project Engineer when the State Route 112 bridge over Fishing Creek was constructed; and
WHEREAS, the State of Georgia lost a distinguished citizen with the passing of Durward D. (Red) Murphy on August 12, 2005; and
WHEREAS, Durward Murphy is survived by his wife, Evelyn Weeks Murphy, and his two daughters, Kay M. Ingram and Terri M. Zeyfang; and
WHEREAS, it is only fitting that a man who worked his whole career to improve the road system in Georgia has a bridge dedicated to his memory.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on SR 112 where it crosses Fishing Creek in Baldwin County is dedicated as the Durward D. (Red) Murphy Memorial Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such bridge.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mrs. Evelyn Murphy, to the Baldwin County Commission, and to the Department of Transportation.

Approved April21, 2006.

DEDICATE SGT MATHEW VINCENT GIBBS MEMORIAL BRIDGE AND MAJOR THOMAS A.
DUCKETT INTERCHANGE.
No. 557 (Senate Resolution No. 1034).
A RESOLUTION
To dedicate certain portions of the state highway system; and for other purposes.
PART I WHEREAS, SGT Mathew Vincent Gibbs was a member of 648th Engineer Battalion of the 48th Infantry Brigade of the Georgia National Guard; and
WHEREAS, while serving in Baghdad, Iraq, he was killed on August 3, 2005; and
WHEREAS, he was promoted to the rank of sergeant posthumously; and
WHEREAS, he is survived by his wife, Reagan C. Gibbs, and two daughters, Ariana and Arissa; and
WHEREAS, this courageous soldier, who in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts ofwartime service and in the spirit of humanity strived to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and
WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings ofliberty for this nation and other peoples of the world.

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PART II WHEREAS, Major Thomas A. Duckett, a citizen of Ringgold, Catoosa County, Georgia, graduated with honors from the schools ofCatoosa County and was active in the Boynton Baptist Church; and

WHEREAS, he attended LaGrange College where he excelled in sports and graduated with honors with a Bachelor of Science in chemistry; and

WHEREAS, he entered the United States Air Force and attended the Officer Candidate School and flight school as a lieutenant; and

WHEREAS, Lieutenant Duckett was recognized for his dependability, outstanding airmanship, and professionalism, which led to his promotion to captain as a pilot and forward air controller while serving in Thailand during the Vietnam War; and

WHEREAS, Captain Duckett was shot down over Laos while honorably serving his country in the defense of freedom on December 12, 1970, and later was promoted to the rank of major; and

WHEREAS, it is most appropriate that Major Duckett be honored in perpetuity for his honorable service and sacrifice.

PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body offer their sincere condolences to the family and friends of SGT Mathew Vincent Gibbs and dedicate the 17 Mile River Bridge at mile marker 7 on SR 206, in Coffee County, as the SGT Mathew Vincent Gibbs Memorial Bridge.

BE IT FURTHER RESOLVED that the members of this body join in honoring the memory of a great Georgian, Major Thomas A. Duckett, for his honorable service and sacrifice for the people of Georgia and the United States of America and that the Interstate 75 Exit 348 Interchange is dedicated as the Major Thomas A. Duckett Interchange.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to the family of SGT Mathew Vincent Gibbs, and to the family of Major Thomas A. Duckett.

Approved April 21, 2006.

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DEDICATE MEMORIAL HIGHWAYS, MEMORIAL BYPASSES, AND VETERANS PARKWAYS.

No. 558 (Senate Resolution No. 1028).

A RESOLUTION

To dedicate certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Dr. Luke Glenn Garrett, Jr., was born in Austell, Georgia, on New Year's Day in 1917; and

WHEREAS, after graduating from Emory University School of Medicine, he followed in the footsteps of his father and grandfather by attending to the medical needs of the citizens of Austell and the surrounding area; and

WHEREAS, while a student at Emory, he met Gladys Elliott, a young nurse from Henry County, and they fell in love and were married in June of 1941; and

WHEREAS, shortly after the marriage, Dr. Garrett served with the United States infantry in Europe during World War II, earning several decorations, including a Bronze Star for bravery while saving the life of a young soldier; and

WHEREAS, he returned to Austell after the war and joined his father's medical practice and was thereafter elected mayor, serving from 1948 through 1950 and 1958 through 1965; and

WHEREAS, he was a member of several civic organizations and served as president of the Austell Rotary Club, South Cobb High School PTA, and the Cobb Association of Retarded Citizens; and

WHEREAS, Dr. Garrett served with dedication at two area hospitals, Cobb General and Atlanta West, and it was due to his diligence and commitment that Atlanta West Hospital remained open to serve the South Cobb community; and

WHEREAS, he was a loving husband and father of three, Luke Glenn Garrett Ill of Austell, Patricia A. Wilder of Lithia Springs, and Glenna Lucille Garrett of Columbia, South Carolina; and

WHEREAS, Dr. Garrett was widely known as a humanitarian who cared more about his patients than his fees and as a person who treated everyone equally and with great respect; and

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WHEREAS, Dr. Luke Glenn Garrett, Jr., was a legend that has left us with an example of a life well lived in public and private service and it is only fitting that a highway should be named in his honor.

PART II WHEREAS, James M. Cannon, Sr., served with dedication on the City Council of Leesburg, Georgia, for many years; and

WHEREAS, he was a member of the Board of Directors of First State Bank of Leesburg; and

WHEREAS, he was a sheriff's deputy for many years when he was a younger man in Lee County, Georgia; and

WHEREAS, James M. Cannon, Sr., owned and operated a service station in the City of Leesburg for many years; and

WHEREAS, his family owned and operated a peanut mill in Leesburg for many years; and

WHEREAS, he was raised in Leesburg and lived in Leesburg his entire life; and

WHEREAS, the current U.S. Highway 19 Bypass is constructed on a portion of James M. Cannon, Sr.'s, father's farm; and

WHEREAS, James M. Cannon, Sr., was a dedicated family man, church man, councilman, businessman, and friend to the City of Leesburg and it is only fitting that the U.S. Highway 19 Bypass be named in his memory.

PART III WHEREAS, Houston County is the host county to Robins Air Force Base and has a long and close relationship with and deep interest in the base's existence and expansion to become a key installation for the United States Air Force and Department of Defense; and

WHEREAS, Robins Air Force Base not only attracts military and civilian workers to our county and area to live, but also over 16,708 veterans, with over 1,200 having served in World War II; and

WHEREAS, statistics show at least 1,800 World War II veterans die each day, causing our nation to lose living heroes and members of what has been referred to as The Greatest Generation on a daily basis; and

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WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world.

PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 6 Spur, formerly known as Westside Drive, fronting the Norfolk Southern rail facility, in Cobb County, is dedicated as the Dr. Luke Glenn Garrett, Jr. Memorial Highway.

BE IT FURTHER RESOLVED that the Leesburg U.S. Highway 19 Bypass is dedicated as the James M. Cannon, Sr. Memorial Bypass.

BE IT FURTHER RESOLVED thatthe portion of Georgia Highway 96 in Houston County is dedicated as the Veterans Parkway.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Dr. Luke Glenn Garrett, Jr., and to the family of James M. Cannon, Sr.

Approved April 21, 2006.

JOINT COMPREHENSIVE STATE TRAUMA SERVICES STUDY COMMITTEE.
No. 559 (Senate Resolution No. 785).
A RESOLUTION
Creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes.
WHEREAS, on December 24, 2005, 19-year-old Jennifer Ross was shot by one of two assailants in an apparent robbery attempt, was left bleeding on the streets of Savannah, and died approximately one week later due to complications from the gunshot wounds she received; and

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WHEREAS, the Level I trauma center at Memorial Health University Medical Center granted Jennifer's family seven "golden days" with her before she passed away on New Year's Day 2006; and

WHEREAS, trauma emergencies occur throughout this state each day, and the tragic death of Ms. Ross is one example of the need to maintain and expand Georgia's trauma services; and

WHEREAS, Georgia's trauma services and location of trauma centers, including the delivery of such services in all areas of this state, are greatly important to the safety and security of the citizens of this state and, having never received extensive study, merit such specialized consideration at this time.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Comprehensive State Trauma Services Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President Pro Tempore of the Senate. The Speaker of the House of Representatives shall designate a member ofthe House and the President Pro Tempore of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above and any other issues related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative memhers of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006. The committee shall hold no more than five meetings and shall stand abolished on December 31, 2006.

Approved April21, 2006.

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DESIGNATE J. ALTON WINGATE, SR., MEMORIAL PARKWAY.

No. 560 (Senate Resolution No. 686).

A RESOLUTION

Designating the J. Alton Wingate, Sr., Memorial Parkway; and for other purposes.

WHEREAS, J. Alton Wingate, Sr., was a banking pioneer and an outstanding leader in the banking industry in Georgia, where he served as president and chief executive officer of Community Bankshares, Inc.; was founder, chairman, president, and chief executive officer ofFinancial Supermarkets, Inc.; opened the first in-store bank in Cornelia in January 1984; and licensed The Supermarket Bank concept later in 1984; and

WHEREAS, his family, friends, and community mourn the loss of this veteran banker and outstanding Georgian who died August 16, 2005; and

WHEREAS, it is abundantly fitting and proper that the many achievements, accomplishments, and contributions of J. Alton Wingate, Sr., to the State of Georgia be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of US 441 from its intersection with SR 365 in Habersham County to its intersection with Sample Scales Road in Banks County be designated as the J. Alton Wingate, Sr., Memorial Parkway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the J. Alton Wingate, Sr., Memorial Parkway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy ofthis resolution to the family of J. Alton Wingate, Sr., and to the Department of Transportation.

Approved April21, 2006.

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DEDICATE SGT MIKE STOKELY MEMORIAL HIGHWAY.

No. 561 (Senate Resolution No. 639).

A RESOLUTION

Dedicating the SGT Mike Stokely Memorial Highway; and for other purposes.

WHEREAS, SGT Michael "Mike" Stokely was a member of Troop E 108th Cavalry Unit in the 48th Brigade Combat Team serving in Iraq; and

WHEREAS, Mike joined the National Guard as a junior in high school in Loganville, Georgia, and signed on for a six-year term; and

WHEREAS, this courageous soldier confronted the dangers, privations, and discomforts of striving to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and

WHEREAS, SGT Stokely was on foot patrol on August 16, 2005, around the area of Yusufiyah, Iraq, and was killed by injuries suffered when an explosive device detonated; and

WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA thatthe portion ofSR 54 from the Fayette County line to its intersection with SR 16 be dedicated as the SGT Mike Stokely Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the SGT Mike Stokely Memorial Highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of SGT Mike Stokely and to the Department of Transportation.

Approved April21, 2006.

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DEDICATE MARTIN LUTHER KING, JR., BLVD.

No. 562 (Senate Resolution No. 434).

A RESOLUTION

Dedicating a portion of US Highway 341 within the corporate limits of the City of McRae as Martin Luther King, Jr., Blvd.; and for other purposes.

WHEREAS, the late Dr. Martin Luther King, Jr., was a distinguished Georgian whose efforts to obtain a peaceful and just society earned a Nobel Prize; and

WHEREAS, the mayor and council of the City of McRae have requested by unanimous vote that the General Assembly honor the late Dr. King by dedicating a portion of US Highway 341 within the corporate limits of that city in his name; and

WHEREAS, it is only fitting and proper that the life and memory of the late Dr. Martin Luther King be so honored as requested.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of South Railroad Street which is also US Highway 341 within the corporate limits of the City of McRae is dedicated as Martin Luther King, Jr., Blvd., and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the mayor and council of the City of McRae.

Approved April21, 2006.

DEDICATE MAYOR JOHNNY BRADFIELD HIGHWAY. No. 563 (Senate Resolution No. 433). A RESOLUTION
Dedicating a portion of US Highway 441 within the corporate limits of the City of McRae in honor of Mayor Johnny Bradfield; and for other purposes.

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WHEREAS, the late Johnny Bradfield served with dedication and ability as a member of the city council of the City of McRae from 1970 until October, 1985, and as mayor from 1986 through 1995; and

WHEREAS, he is remembered fondly by the citizens of McRae when they see the beautiful Bradford pear trees which he planted in the median of South Third Avenue; and

WHEREAS, the mayor and council of the City of McRae have requested that the General Assembly honor the late Mayor Johnny Bradfield by dedicating a portion of US Highway 441 within the corporate limits of that city in his name; and

WHEREAS, it is only fitting and proper that the life and memory of the late Honorable Johnny Bradfield be so honored as requested.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of South Third Avenue within the corporate limits of the City of McRae which is also US Highway 441 and which goes to Telfair County High School is dedicated as the Mayor Johnny Bradfield Highway, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the mayor and council of the City of McRae, and the family of Honorable Johnny Bradfield.

Approved April2l, 2006.

DEDICATE JOHN LEE DRAKE, SR., INTERSECTION.
No. 564 (Senate Resolution No. 282).
A RESOLUTION
Dedicating the John Lee Drake, Sr., Intersection; and for other purposes.
WHEREAS, while living in the Fairchild community, John Lee Drake, Sr., served as county commissioner for the F.D.R. District from 1928-1935; and
WHEREAS, he was elected to the Georgia House of Representatives and served Seminole County from 193 7-1944; and

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WHEREAS, he was elected to the Senate and served from 1945-1946; and

WHEREAS, it is abundantly fitting and proper that the many achievements, accomplishments, and contributions of John Lee Drake, Sr., in Seminole County and in the State of Georgia be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 39 with County Road 253 in Seminole County be dedicated as the John Lee Drake, Sr., Intersection, and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the John Lee Drake, Sr., Intersection.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copies of this resolution to the family of John Lee Drake, Sr., and to the Department of Transportation.

Approved April21, 2006.

DEDICATE HERSCHEL STOKES MEMORIAL OVERPASS AND OKEFENOKEE TRAIL.
No. 565 (House Resolution No. 1661).
A RESOLUTION
Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes.
PART I WHEREAS, Herschel Stokes was born on June 13, 1934; and
WHEREAS, he was educated in the Charlton County School System and graduated from Georgia Military College and the University of Georgia with a bachelor's degree in business administration; and
WHEREAS, he married Jean Prescott on June 10, 195 6, and they had two children, a son, Noah, and a daughter, Stacey, and six wonderful grandchildren; and
WHEREAS, he was drafted into the United States Army in December, 1956; and
WHEREAS, Herschel was active in many arenas: he started the BEL-MED Recreation Association in Orange Park, Florida; he was an avid fisherman and a Georgia Bulldog fan; he was associated with the Toledo Manufacturing Timber

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Company in Charlton County; he served two terms on the Folkston City Council; and he was instrumental in bringing the D. Ray James Correctional Facility to Folkston; and

WHEREAS, he was the key person in pushing for the construction ofthe overpass on SR 231121 because he felt it was not safe for emergency vehicles to have to wait on trains to pass through town before they could get to the scene of an emergency or return to a hospital; and

WHEREAS, he was a determined person and once he committed to a project he did not stop until it was completed; his goal was not recognition but making Charlton County a better place to live; and

WHEREAS, the state lost a distinguished citizen when Herschel was killed in an automobile wreck on October 25, 2003; and

WHEREAS, it is only fitting that the overpass he worked so hard for to improve emergency services in Folkston and Charlton County should be named in his memory.

PART II WHEREAS, the Okefenokee is a vast bog inside a huge, saucer shaped depression that was once part of the ocean floor. Peat deposits, up to 15 feet thick, cover much of the swamp floor. These deposits are so unstable in spots that one can cause trees and surrounding bushes to tremble by stomping the surface. In fact, Okefenokee is a European rendition of the Indian words meaning "land ofthe trembling earth"; and

WHEREAS, the slow-moving waters of the Okefenokee are tea-colored from the tannic acid released by decaying vegetation. The principal outlet of the swamp, the Suwannee River, originates in the heart of the Okefenokee and drains southwest into the Gulf of Mexico. The swamp's southeastern drainage to the Atlantic Ocean is the St. Mary's River, which forms the boundary between Georgia and Florida; and

WHEREAS, the swamp contains numerous islands and lakes, along with vast areas of nonforested terrain. Prairies cover about 60,000 acres of the swamp. Once forested, these expanses of marsh were created during periods of severe drought when fires burned out vegetation and the top layers of peat. The prairies harbor a variety of wading birds: herons, egrets, ibises, cranes, and bitterns; and

WHEREAS, the swamp remains one of the oldest and most well-preserved fresh-water areas in America. In all, the swamp covers an area of 3 8 miles north to south and 25 miles east to west; and

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WHEREAS, the swamp is a vital part of the cultural heritage of this state and an important part of the local economy in that it attracts tourists from all over the world.

PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the overpass bridge on SR 23/SR 121 located near their junction with US 1/US 23, in the City of Folkston, in Charlton County, is dedicated as the Herschel Stokes Memorial Overpass.

BE IT FURTHER RESOLVED that the Okefenokee Trail is dedicated as follows: (1) That portion of State Route 38/U.S. Highway 84 from Valdosta to Waycross; (2) State Route 4/U.S. Highway 1/23 from Waycross to its juncture with State Route 23/U.S. Highway 301; (3) State Route 23/U.S. Highway 301 from the junction with State Route 4/U.S. Highway 23 to Folkston; (4) State Route 177 from its junction with State Route 4/U .S. Highway 23 to Okefenokee; (5) State Route 40 from Folkston to Kingsland; (6) State Route 121 from Folkston to the Florida border; (7) State Route 89/U.S. Highway 441 from Homerville to Edith; (8) State Route 94 from Edith to the Florida border; and (9) State Route 177 from Fargo to the Stephen C. Foster State Park.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to remove signs designating the Okefenokee Parkway and to place and maintain appropriate markers designating the Okefenokee Trail.

BE IT FURTHER RESOLVED that the DepartmentofTransportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department ofTransportation, the family of Herschel Stokes, and the Folkston City Council.

Approved April 21, 2006.

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DEDICATE CROSSINGS, BRIDGES, AND PARKWAYS.

No. 566 (House Resolution No. 1548).

A RESOLUTION

Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes.

PART I WHEREAS, Ida Chambers was born in Miller County, Georgia, on February 25, 1922;and

WHEREAS, she was one of the charter supporters ofthe Lee County Chamber of Commerce; and

WHEREAS, she was instrumental in obtaining the first satellite office for voter registration in Lee County; and

WHEREAS, she was a charter organizer of the Lee Medical Arts and Albany Primary Healthcare medical facilities and has made many trips to Atlanta and Washington, D.C., lobbying for health care in the rural areas of south Georgia; and

WHEREAS, Ida was the third woman in Georgia to serve on an electric membership cooperative board, and she has served as secretary/treasurer on the board of Sumter EMC for 25 years; and

WHEREAS, she is now serving on the Lee County Utility Authority over Water and Sewage and has served for nine years; and

WHEREAS, she represents Lee County on the Housing Authority Board; and

WHEREAS, she has served as the choir director and treasurer of Kinchafoonee Baptist Church, and she is a former Lee County Chamber of Commerce Woman of the Year and Ambassador of the Year; and

WHEREAS, with the help of her husband, Bill Chambers, Sr., Ida was a driving force in the creation of the Lee County Volunteer Fire Department; and

WHEREAS, Mrs. Ida Chambers has been a major contributor to the quality oflife in Lee County for many years and has devoted countless hours in public service, and, therefore, it is only fitting that an intersection in Lee County should be named in her honor.

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PART II WHEREAS, Mr. James G. Crayton, Sr., started his career as a surveyor with the Georgia Department of Transportation on January 1, 1947, after serving three years in the United States Navy; and

WHEREAS, a dedicated and trusted employee, he served in this capacity in Barnesville, Griffin, and Thomaston, where he was promoted to the position of Professional Bridge Engineer; and

WHEREAS, Mr. Crayton retired from the department in Atlanta in 1975 as Professional Bridge Engineer and Bridge Inspector after 35 years of exemplary service; and

WHEREAS, bridges were Mr. Crayton's passion, and his work has been the subject of many civil engineering classes at various universities throughout the State of Georgia; and

WHEREAS, at one time, Mr. Crayton had designed and built more bridges throughout Georgia than any other engineer; and

WHEREAS, Mr. Crayton was a loving husband, father, grandfather, and member ofthe Zebulon community; and

WHEREAS, as James G. Crayton, Sr., was a dedicated engineer and public servant for the Department of Transportation, it is only fitting that a bridge should be named in his honor.

PART III WHEREAS, on March 10, 2006, the State of Georgia lost one of its finest and most promising citizens with the untimely passing of Thomas McRae Hamilton Robinson; and

WHEREAS, this exceptional individual was a member of Vineville United Methodist Church and attended Stratford Academy where he was in the eighth grade and a member of the marching band; and

WHEREAS, Tommy lived every day with a warm smile on his face and with a desire to make everyone else's day a little bit better; and

WHEREAS, his many talents, his remarkable patience and diplomacy, his keen sense of vision, his warmth and kindness, and his acute sensitivity to the needs of people earned him the respect and admiration of his classmates and everyone with whom he came in contact; and

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WHEREAS, the passing of this fun loving, bright, and talented young man leaves an unfillable void in the hearts and lives of his family and friends; and

WHEREAS, the achievements, accomplishments, and life ofthis outstanding young man should be recognized and remembered.

PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection ofU .S. Route 19 with Century Road in Lee County is dedicated as Chambers Crossing.

BE IT FURTHER RESOLVED that the bridge on State Route 18 across Elkins Creek in Zebulon, Georgia, is dedicated as the James G. Crayton, Sr. Memorial Bridge.

BE IT FURTHER RESOLVED that the portion of Zebulon Road (SR 1104 TA) from the I-475 Bridge to Forsyth Road in Bibb County be dedicated as the Tommy Robinson Memorial Parkway.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department ofTransportation, Mrs. Ida Chambers, the family ofTommy Robinson, and the family of Mr. James G. Crayton, Sr.

Approved April 21, 2006.

DEDICATE COLONEL R.H. BURSON BRIDGE. No. 567 (House Resolution No. 1169). A RESOLUTION
Dedicating the "Colonel R. H. Burson Bridge"; and for other purposes. WHEREAS, R. H. Burson graduated from Bowden High School in 1927; and WHEREAS, he joined the Georgia Department of Public Safety in 1939 as a trooper, graduating in the third Georgia State Patrol Trooper School; and

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WHEREAS, he rose through the ranks of the State Patrol to become its commanding officer in 1959; and

WHEREAS, he was appointed deputy director of the Department of Public Safety in 1961 where he served until 1963 when Governor Carl Sanders appointed him Director of the Department of Corrections; and

WHEREAS, he served as Director of the Department of Corrections until 1967 when he was appointed Director of the Department of Public Safety, a position which he held until his retirement in 1971; and

WHEREAS, it is fitting and proper that the service of this extraordinary individual be recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on U.S. Highway 78 at Mirror Lake in Douglas County be dedicated as the "Colonel R. H. Burson Bridge."

BE IT FURTHER RESOLVED that the DepartmentofTransportation is authorized and directed to erect and maintain appropriate signs dedicating the "Colonel R. H. Burson Bridge."

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Colonel R. H. Burson and to the Department of Transportation.

Approved April 21, 2006.

DEDICATE SAMUEL ERNEST VANDIVER, JR., INTERCHANGE.
No. 568 (House Resolution No. 11 09).
A RESOLUTION
Honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., and dedicating the Samuel Ernest Vandiver, Jr., Interchange; and for other purposes.
WHEREAS, on July 3, 1918, in the northeast Georgia community of Canon, near Lavonia, Samuel Ernest Vandiver, Jr., was born to Samuel Ernest and Vanna Bowers Vandiver; and

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WHEREAS, he attended the University of Georgia where he was president of five student organizations, receiving his bachelor's degree in 1940 and his law degree in 1942; and

WHEREAS, he served his country with great honor and pride in the Army Air Force during World War II and was assigned as defense counsel for the Air Force in Arizona and, later, as a legal adviser to individual airmen; and

WHEREAS, he was elected as mayor of Lavonia in 1945, was appointed as adjutant general of Georgia under Governor Herman Talmadge's administration in 1948, and was elected as lieutenant governor in 1954; and

WHEREAS, in one of the most remarkable gubernatorial election landslides in recent Georgia history, he carried 15 6 counties, 400 county unit votes, and 499,477 popular votes compared to his two opponents' total of 120,929 votes; and

WHEREAS, when he first came to office as governor in 1959 amid a spending scandal, he immediately ordered most state departments and agencies to cut expenditures by 10 percent, implemented efficient business practices, and appointed capable directors to the most troubled departments, exposing and eliminating corruption within the government's executive branch; and

WHEREAS, Governor Vandiver addressed the General Assembly in 1961 to announce that a campaign platform position he had taken was ill-timed, ill-advised,. and not in the best interest of many qualified Georgians who sought admission to the University of Georgia; and

WHEREAS, because of the Governor's recognition that the flagship university of the state's system should be opened to students of all races, nationalities, and stations in life, he therefore desegregated the University of Georgia; and

WHEREAS, the university was integrated with none of the VICIOUS riots and fatalities associated with integration of universities in other parts of the Deep South; and

WHEREAS, as Toccoa Record publisher Tom Law opined, "Vandiver's gutsy decision also paved the way for relatively peaceful racial relations in Georgia throughout the tumultuous 1960's. Although he didn't benefit from the decision, Georgia certainly did ... "; and

WHEREAS, upon learning ofthe stunning abuses suffered by the mentally ill at the Milledgeville State Hospital and personally touring the facility with his wife, he launched an investigation which led to the legislature's approval of $11 million for new facilities and paved the way for sweeping reforms in mental health services and programs; and

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WHEREAS, under his tenure, construction began on the state Archives Building, which opened in 1965, preserving records in a state where 49 courthouses had burned until being replaced in the 1990's; and

WHEREAS, with great foresight and wisdom, he purchased Colonels Island near Brunswick, which now serves as a valuable shipping port; and

WHEREAS, as a private citizen, he chaired the 1963 Rapid Transit Committee of 100, which helped to successfully lobby for a commuter train network, now MARTA, in metro Atlanta; and

WHEREAS, upon his death in February, 2005, memorial accolades poured forth to remember GovernorS. Ernest Vandiver, Jr., including lines from The Atlanta Journal-Constitution "if a single figure can be said to demarcate the end of Old Georgia and the beginning of the New, it was former Governor Ernest Vandiver, Jr."; and

WHEREAS, Governor Vandiver was eulogized in his beloved First Baptist Church of Lavonia by the honorable former Attorney General of the United States, Griffin Bell, who said "Ernie Vandiver was a great Southerner. He rose above being a political leader and became a statesman ... "; and

WHEREAS, the State of Georgia mourns the loss of this monumental statesman whose steadfast leadership and great personal strength guided the citizens of this state through trying times with great dignity and moral integrity.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body join together to express their deepest regret at the passing of former Governor Samuel Ernest Vandiver, Jr., and extend their most sincere condolences to his family.

BE IT FURTHER RESOLVED that the interchange located at Interstate 85 Exit No. 173 in the City of Lavonia and Franklin County is dedicated as the Samuel Ernest Vandiver, Jr., Interchange, and the Department of Transportation is authorized and directed to place and maintain appropriate signs so dedicating the interchange.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of the late Governor Samuel Ernest Vandiver, Jr., and the Department of Transportation.

Approved April 21, 2006.

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DEDICATE HARRY H. EASON BRIDGE, MICAJAH CLARK DYER PARKWAY, AND J. LUCIUS BLACK BRIDGE.

No. 569 (House Resolution No. 413).

A RESOLUTION

To dedicate certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Harry H. Eason was born on August 15, 1915, and he spent his career as a superintendent for H.G. Smith Construction Company building bridges throughout south Georgia; and

WHEREAS, in 1956, he moved his family to Tifton, where his company had been awarded the contract to construct bridges for Interstate Highway 75 from Tifton to Ashburn, and Mr. Eason was assigned the task of supervising the construction of those bridges; and

WHEREAS, he was known to work as hard as any of his crew in the construction project and each of the bridges was constructed on time and the work was approved without correction; and

WHEREAS, many of the bridges he built were ofa complicated design which were even more difficult to construct in the days before computers; and

WHEREAS, it is only fitting that a bridge be named for such a renowned bridge builder as Mr. Harry H. Eason.

PART II WHEREAS, on a day in the 1880s, at least 15 years before the Wright Brothers' famous flight at Kitty Hawk, North Carolina, Micajah Clark Dyer rode his "apparatus for navigating the air" - the term airplane would not be coined for decades- down a slip on Rattlesnake Mountain in Union County, Georgia, and flew low over a meadow on his farm in the Choestoe community near Blairsville; and

WHEREAS, Mr. Dyer, who was born in South Carolina on July 23, 1822, and who farmed in Union County, Georgia, to support his large family, received his only formal education in a one-room school, but despite this limitation developed a reputation as a true genius because of his many inventions; and

WHEREAS, most of Mr. Dyer's inventions have been lost in the veil of time, but it is known that he equipped his house with running water, built an efficient

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water-powered grist mill, and invented a "perpetual motion" machine that could power devices; but his most famous invention was his flying machine, for which he was awarded a patent in September, 1874, and which he continued to improve and refine until his death on January 26, 1891; and

WHEREAS, stories ofhis flying machine were kept alive through Dyer family oral tradition until 2004, when, thanks to the modern invention of the Internet, family members were able to identify the 1874 patent and obtain a copy, proof that the machine had, in fact, been built and that sophisticated plans had been filed with the United States Patent Office, although the flight from Rattlesnake Mountain over the meadow remains unverified local lore; and

WHEREAS, although the flying machine invented in the remote North Georgia mountains never made it into the history books, family history indicates that Mr. Dyer's widow, Morena Owenby Dyer, sold the machine and plans to the Redwine Brothers in Atlanta, who, in turn, sold them to the Wright Brothers of Ohio, so it is probable that Micajah Clark Dyer did, indirectly, contribute to the first human flight.

PART III WHEREAS, Mr. J. Lucius Black was born on July 27, 1915, in Webster County, Georgia, a community to which he was dedicated throughout his distinguished career as a public servant; and

WHEREAS, during his service in the House of Representatives of the State of Georgia from 1945 to 1948 and from 19 51 to 1972, Mr. Black was regarded as a man of outstanding character with an exceptional understanding of state and county government that was highly valued and respected by his fellow members in the General Assembly; and

WHEREAS, Mr. Black continued his public service as sole commissiOner of Webster County from 1977 to 1990 and then as chairman of the reconstituted county commission from 1991 to 199 6; and

WHEREAS, in the course ofhis career, he demonstrated great energy, intelligence, ability, and dedication to the betterment ofthe State of Georgia and the quality of life of its citizens; and

WHEREAS, with the passing of Mr. J. Lucius Black on October 18, 2004, the State of Georgia lost a most estimable citizen and statesman.

PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Chula Brookfield Road over Interstate Highway 75 in Turner County, Georgia, is hereby dedicated as the Harry H. Eason Bridge in

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honor of this distinguished Georgian, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the bridge.

BE IT FURTHER RESOLVED that the portion of Georgia Highway 180 in Union County from the intersection with US Highway 129 to the Towns County line be dedicated the Micajah Clark Dyer Parkway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Micajah Clark Dyer Parkway.

BE IT FURTHER RESOLVED that the members of this body join together to express their deepest regret at the passing of Mr. J. Lucius Black and resolve that the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County is dedicated as the J. Lucius Black Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs to identifying the bridge.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, Harry H. Eason, the family ofMicajah Clark Dyer, and the family of Mr. J. Lucius Black and the Webster County Commission.

Approved April21, 2006.

REVENUE- AD VALOREM TAX EXEMPTION; CHARITABLE INSTITUTIONS; SENIOR CITIZENS; HOMESTEAD EXEMPTION.
No. 570 (House Bill No. 848).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide for an ad valorem tax exemption for certain charitable institutions; to provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for referenda, applicability, and 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:

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PART I SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-41, relating to property exempt from ad valorem taxation, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: '(d)(l) Except as otherwise provided in paragraph (2) of this subsection, this Code section, excluding paragraph (1) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property. (2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are owned by a charitable institution that is exempt from taxation under Section 501 (c)(3) of the federal Internal Revenue Code and used by such charitable institution for the charitable purposes of such charitable institution may be used for the purpose of securing income so long as such income is used exclusively for the operation of that charitable institution.'

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this part 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 grants an exemption from ad valorem taxation on property owned by a charitable institution
NO ( ) which generates income when that income is used exclusively for the operation of such charitable institution?"
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 1 of this part 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 part is not so approved or if the election is not conducted as provided in this section, Section 1 of this part shall not

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become effective and this part shall be automatically repealed on the first day of January immediately following that election date.

PART II SECTION 3. Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48.3 to read as follows: "48-5-48.3. (a) As used in this Code section, the term: (1) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the 0 .C.G .A., as amended, with the additional qualification that it shall include only the primary residence and not more than ten contiguous acres ofland immediately surrounding such residence. (2) "Senior citizen" means a person who is 65 years of age or over on or before January I of the year in which application for the exemption under this Code section is made. (b) Any person who is a senior citizen and resident of Georgia is granted upon application an exemption on his or her homestead which such person owns and actually occupies as a residence and homestead in an amount equal to the actual levy for state ad valorem taxation made pursuant to Code Section 48-5-8 with respect to that homestead, such exemption being from all ad valorem taxation for state purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (c) The exemption shall be claimed and returned in the same manner as otherwise required under Code Section 48-5-50.1. Each person shall file for the exemption only once in the county of his or her residence. Once filed, the exemption shall automatically be renewed from year to year. (d) The exemption granted by this Code section shall not apply to or affect county taxes, municipal taxes, or school district taxes. (e) The exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption from state taxes."

SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 3 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of and in conjunction with the November, 2006, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

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"YES ( ) Shall the Act be approved which provides a homestead exemption for senior citizens in an amount equal to the actual levy for state ad
NO ( ) valorem tax purposes on the homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval ofthe Act, then Section 3 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 3 of this part is not so approved or if the election is not conducted as provided in this section, Section 3 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date.
PART III SECTION 5. Except as otherwise provided in Section 2 of Part I of this Act and Section 4 of Part II of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Approved April25, 2006.

CRIMES- CRIMINAL PROCEDURE- LAW ENFORCEMENTPENAL INSTITUTIONS- SEXUAL OFFENDERS; COMPREHENSIVE REVISIONS.
No. 571 (House Bill No. 1059).
AN ACT
To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change

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certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to change certain restrictions on granting an appeal bond; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offender" s birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring system for the balance of his or her life and to pay for such system; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to allow the state and the defendant the right of direct appeal under certain circumstances; to

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
( 1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; (3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear an .electronic monitoring system for the rest of their natural life and to pay for such system; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.

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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 lieu thereof 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:
( 1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) 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; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; ( 10) All final judgments of child support; and (11) All judgments or orders entered pursuant to subsection (c) of Code Section 17-1 0-6.2.'

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 the state, and inserting in lieu thereof the following:
'(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court ofAtlanta, 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:
( 1) 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;

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(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, orjudgment ofa 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; (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; or (9) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2.'

SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following:
'16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia

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Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes ofthis subsection, the term 'vehicle' includes without limitation any railcar. (h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-12 7.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. U) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2:

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SECTION 5. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following:
'16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by:
(1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older; (2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age; (3) Life imprisonment or death if the kidnapping was for ransom; or (4) Life imprisonment or death ifthe person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."

SECTION 6. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following:
'16-5-41. (a) A person commits the offense offalse imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.'

SECTION 7. Said title is further amended by striking subsection (a) of Code Section 16-5-110, relating to the publication of notices and information required for registered sex offenders, assessment for costs, and certain immunity, and inserting in lieu thereof the following:
'(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, placement on probation, or upon establishing residency in the county, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice shall be one column wide by two inches long and shall contain the

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photograph taken by the arresting law enforcement agency at the time of arrest; the name and address of the convicted person; if available, the date, time, place of arrest; and the disposition ofthe case. The notice shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriffs option, may be published more than once, in the legal organ of the appropriate county. The notice shall include the address of the Georgia Bureau of Investigation website for additional information regarding the sexual offender registry:

SECTION 8. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following:
"16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of:
( 1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence:

SECTION 9. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following:
"16-6-2. (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b)(1) Except as provided in subsection (d) of this Code section, a person convicted of the offense of sodomy shall be punished by imprisonment for not

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less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2."

SECTION 10. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following:
'16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor."

SECTION 11. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following:
'16-6-4. (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age

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of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-I 0-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-1 0-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and I 7-10-7. (2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty ofa misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.0

SECTION 12. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following:

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'16-6-5. (a) A person commits the offense ofenticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions ofCode Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2."

SECTION 13. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following:
'16-6-5.1. (a) As used in this Code section, the term:
(1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is:

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(A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person con vic ted of sexual assault under this subsection shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age ofl4 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than ten nor more than 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions ofCode Section 17-10-6.2."

SECTION 14. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following:
'16-6-22. (a) A person commits the offense of incest when the person engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows:
(l) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece.

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(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2:

SECTION 15. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following:
'16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.'

SECTION 16. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following:
'16-6-22 .2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7:

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SECTION 17. Said title is further amended by inserting a new Code Section 16-6-25 to read as follows:
'16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12:
( 1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.'

SECTION 18. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (g) of Code Section 17-6-1, relating to where offenses are bailable and appeal bonds, and inserting in lieu thereof the following:
'(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convtctmg court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies. n

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SECTION 19. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing ofa sentence, and inserting in lieu thereof the following:
'(a)(!) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Sections 17-10-6.1 and 17-10-6.2."

SECTION 20. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following:
'17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means:
( 1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions oflaw to the contrary, any person convicted of the serious violent felony of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, the sentence of any person convicted of the serious violent felony of:
(A) Kidnapping involving a victim who is less than 14 years of age;

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(B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form ofpardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony shall be sentenced as a first offender pursuant to Article 3 ofChapter 8 ofTitle 42, relating to probation for first offenders, or any other provision ofGeorgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) ofCode Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction ofa serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court.

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(d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction.'

SECTION 21. Said title is further amended by adding a new Code section to follow Code Section 17-10-6.1, relating to punishment for serious violent offenders, to read as follows:
'17-10-6.2. (a) As used in this Code section, the term 'sexual offense' means:
(1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100. (b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions oflaw to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders.

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(c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that:
(A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any intentional physical harm during the commission of the offense; (E) The offense did not involve the transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or bythe State of Georgia pursuant to Code Section 5-7-1. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42.'

SECTION 22. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (l 0), and by adding a new paragraph (11) to read as follows:
"(11) The offense of murder, rape, or kidnapping was committed by a person previously convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery.'

SECTION 23. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) ofparagraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following:
"(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations,

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information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system."

SECTION 24. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows:

"ARTICLE 2

42-1-12. (a) As used in this article, the term:
( 1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. (2) 'Appropriate official' means:
(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to a sexual 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 a sexual 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 a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, day-care centers, child care learning centers, preschool facilities, and long-term care facilities for children.

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(7) 'Church' means a place of public religious worship. (8) 'Conviction' includes a finaljudgment ofconviction 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 of this title, relating to first offenders, shall not be subject to the registration requirements ofthis Code section upon the defendant's discharge.
(9)(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 ofa 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 ofa 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;

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(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor. (I O)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30,2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation ofCode Section 16-6-1; (v) Sodomy in violation ofCode Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation ofCode Section 16-6-5.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor.

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(B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted injuvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. ( 12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Public and community swimming pools' includes municipal, school, hotel, motel, or any pool to which access is granted in exchange for payment of a daily fee. The term includes apartment complex pools, country club pools, or subdivision pools which are open only to residents of the subdivision and their guests. This term does not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests. (16) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) Ifthe place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration

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number; and a description, including color scheme, ofthe vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release. (17) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board s assessment. ( 18) 'School' means all public and private kindergarten, elementary, and secondary schools. (19) 'School bus stop' means a school bus stop as designated by local school boards of education or by a private school. (20) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been 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 criminal offense against a victim who is a minor or a dangerous sexual offense. (21) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or (B) Who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (22) 'Vocation' means any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year. (b) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: (I) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual

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offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriffs office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring system on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: ( 1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 42-1-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: ( 1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriffs office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and (2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriffs office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who:

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( 1) Is convicted on or after July 1, 199 6, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; (7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless ofwhether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to any change of residence

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address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the new residence; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (g)(l) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court ofthe jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (l) of this subsection, the sexual offender shall:
(A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and (B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation. (h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender s county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall: (A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows:
(i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offender's birthday;

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(iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (i) The sheriff's office in each county shall: (1) Prepare and maintain a list ofall sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriffs office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered, within 72 hours of updating the list of sexual offenders residing in the county, to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs' offices in this state and in the United States to maintain current data on the location of sexual offenders;

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( 11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring system on the sexually dangerous predator and explain its operation and cost; ( 13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the cam pus is within the sheriffs jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the general fund. (j)(l) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriffs office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (1)(1) On at least an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each school in this state. In addition, the Department ofEducation shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigation s 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, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on

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accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (m) 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. (n) Any individual who: ( 1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (o) The information collected pursuant to this Code section 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; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders 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. (p) 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. (q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article.

42-1-13. (a) 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

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as a certified peace officer under Title 3 5 or retired from such employment. The members of the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall:
( 1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) 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. (c) Members of the board shall be immune from liability for good faith conduct under this article.

42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2 006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board s assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall

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provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within:
( 1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-1 0-6.2; (2) Six months prior to the sexual offender s proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, ifapplicable. (b)(l) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau oflnvestigation, and the sheriffof the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. Ifthe court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment

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classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau oflnvestigation, and the sheriffof the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum:
( 1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predator's presence near or within a crime scene or in a prohibited area or the sexually dangerous predator's departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predator's location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections ifthe sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. Ifthe sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (t) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information.

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42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points.
(b)(l) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. (2) No individual who is a sexually dangerous predator shall be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. (c) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) ofCode Section 16-11-24, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (d) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (e) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.'

SECTION 25. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following:
'(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be:
(1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a local board of education.'

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SECTION 26. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following:
'42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:
( 1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms ofprobation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: ( 1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Sexual exploitation of a minor as defined in Code Section 16-12-1 00; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or (5) Computer pornography and child exploitation, as defined in Code Section 16-12-100.2.'

SECTION 27. Said title is further amended by striking subsections (b) and (c) of Code Section 42-9-39, relating to restrictions on relief for person serving a second life sentence, and inserting new subsections (b) and (c) to read as follows:
'(b) Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 30 years in the penitentiary before being granted a pardon and before becoming eligible for parole. (c) When a person receives consecutive life sentences as the result of offenses occurring in the same series of acts and any one of the life sentences is imposed for the crime of murder, such person shall serve consecutive 30 year periods for

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each such sentence, up to a maximum of 60 years, before being eligible for parole consideration."

SECTION 28. Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions ofparole for sexual offenders, and inserting in lieu thereof the following:
'42-9-44.1. Reserved."

SECTION 29. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and inserting in lieu thereof the following:
'42-9-44.2. Reserved."

SECTION 30. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.

SECTION 31. All laws and parts of laws in conflict with this Act are repealed.

Approved April26, 2006.

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COURTS -PUBLIC OFFICERS -COMPENSATION OF TEMPORARY SUBSTITUTE FOR DECEASED OR RESIGNED DISTRICT ATTORNEY; DISTRICT ATTORNEY SALARY.

No. 572 (House Bill No. 268).

AN ACT

To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys' offices; to amend Code Section 45-7-4 of the Official Code ofGeorgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; 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. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, is amended by striking subsection (c) of Code Section 15-18-14, relating to the appointment, qualifications, and compensation of assistant district attorneys, and inserting in lieu thereof the following:
'(c) Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (e) of Code Section 15-18-19. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $38,124.00 nor more than 65 percent of the compensation of the district attorney; (2) Assistant district attorney II. Not less than $40,884.00 nor more than 70 percent of the compensation of the district attorney; (3) Assistant district attorney III. Not less than $45,108.00 nor more than 80 percent of the compensation of the district attorney; and (4) Assistant district attorney IV. Not less than $52,176.00.'

SECTION 2. Said article is further amended in Code Section 15-18-14.1, relating to district attorney investigators, by striking subsection (d) and inserting in lieu thereof the following:
'(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section

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15-18-19. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00."

SECTION 3. Said article is further amended by striking Code Sectionl5-18-16, relating to substitution of assistant on death or resignation of district attorney, and inserting in lieu thereof the following:
'15-18-16. Upon the death or resignation of a district attorney, the chief assistant district attorney or, if there is no chief assistant district attorney, the assistant district attorney senior in time of service shall perform the duties of the deceased or resigned district attorney in his or her name until such official's successor is appointed or elected and qualified. An assistant district attorney performing the duties of a deceased or resigned district attorney shall be compensated as provided for acting district attorneys in subsection (b) of Code Section 15-18-15."

SECTION 4. Said article is further amended by striking Code Section 15-18-20.1, relating to additional personnel for the district attorney's office, and inserting in lieu thereof the following:
'15-18-20.1. Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Prosecuting Attorneys' Council of the State of Georgia to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel."

SECTION 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the compensation of certain state officials, is amended by striking paragraph (21) of subsection (a) of said Code section and inserting in lieu thereof the following:

'(21) Each district attorney ...................... .

107,905.00

Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law."

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SECTION 6. (a) This section and Sections 3, 4, and 7 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections I, 2, and 5 of this Act shall become effective on July I, 2006.

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

Approved April27, 2006.

HEALTH; ADDITIONAL HEALTH SCREENING.
No. 573 (House Bill No. 1066).
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking Code Section 31-12-6, relating to a system for prevention of mental retardation resulting inherited metabolic disorders, and inserting in lieu thereof the following:
'31-12-6. (a) The department shall promulgate rules and regulations creating a system for the prevention of serious illness, severe physical or developmental disability, and death caused by genetic conditions, such as phenylketonuria, galactosemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia, and such other inherited metabolic and genetic disorders as may be identified in the future to result in serious illness, severe physical or developmental disability, and death if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving

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potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (b) The entire process for screening, retrieval, and diagnosis must occur within time frames established by the department pursuant to rules and regulations, and the system shall be structured to meet this critical need. (c) The department shall be responsible for the screening of all newborns for the disorders enumerated and in a manner determined by the department pursuant to rules and regulations and shall be responsible for assessment of the program. (d) The department shall, to the extent state or federal funds are available for such purposes, including but not limited to funds provided under Title V of the Social Security Act, the Maternal and Child Health Services Block Grant, provide for retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (e) The department shall utilize appropriate existing resources whenever possible and shall cause the coordination and cooperation of agencies and organizations having resources necessary for the creation of an effective system. (f) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia. (g) The department shall allow any laboratory licensed in Georgia and authorized to perform screening testing of newborn infants in any state using normal pediatric reference ranges to conduct the analysis required pursuant to this Code section. The testing performed by such laboratory must include testing for newborn diseases as required by law or regulation and shall provide test results and reports consistent with law and with policies, procedures, and regulations of the department. (h) No later than January 1, 2007, the Georgia Department of Audits and Accounts shall conduct an assessment evaluating the efficiency and effectiveness of the newborn screenings conducted by the Georgia Pub lie Health Laboratory pursuant to this Code section. If it is determined that private laboratories can provide testing at a lower cost than the Georgia Public Health Laboratory, the department shall issue a request for proposals to qualified vendors including any private laboratory licensed in Georgia as established in subsection (g) of this Code section. The Georgia Public Health Laboratory shall be eligible to respond to such request for proposals. (i) The requirements ofthis Code section with regard to screening, retrieval, and diagnosis shall not apply to any infant whose parents object in writing thereto on the grounds that such tests and treatment conflict with their religious tenets and practices.'

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SECTION 2. Said chapter is further amended by striking Code Section 31-12-7, relating to rules and regulations regarding tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and inserting in lieu thereof the following:
"31-12-7. (a) In coordination and association with the system established by the department for the screening, retrieval, and diagnosis of certain metabolic and genetic disorders pursuant to Code Section 31-12-6, the department, or its successor agency or department, shall adopt and promulgate appropriate rules and regulations governing tests for sickle cell anemia, sickle cell trait, and other metabolic and genetic disorders as enumerated by the department pursuant to rules and regulations so that as nearly as possible all newborn infants who are susceptible or likely to have sickle cell anemia, sickle cell trait, or other metabolic and genetic disorders shall receive a test for sickle cell anemia, sickle cell trait, or other metabolic and genetic disorders or all of such conditions as soon after birth as successful testing and treatment therefor may be initiated; provided, however, that this Code section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. (b) If any such child is found to have sickle cell anemia or sickle cell trait, it shall be the duty of the examining physician or the department to inform the parents of such child that the child is so afflicted and, if such child has sickle cell anemia or sickle cell trait, that counseling regarding the nature of the disease, its effects, and its treatment is available without cost from the department and the county board of health or county department of health. (c) It shall be the duty of the department and each county board of health and county department of health, or their successor agencies or departments, to furnish counseling and advice to any persons requesting such counseling regarding sickle cell anemia or sickle cell trait, its characteristics, symptoms, traits, effects, and treatment. Such counseling shall be furnished without cost to the person requesting it. (d) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department; provided, however, that in no event shall the total fees associated with such screening, retrieval, and diagnosis exceed $40.00 for the calendar year beginning January 1, 2007. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia.'

SECTION 3. This Act shall become effective on January I, 2007.

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

Approved April27, 2006.

REVENUE- SALES TAX EXEMPTION; LP GAS; OTHER FUEL; SWINE RAISING.
No. 574 (House Bill No. 834).
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 for a limited period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used for certain swine raising purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (49), to be designated paragraph (49.1 ), to read as follows:
'(49.l)(A) From July 1, 2006, until June 30, 2008, the sale or use of liquefied petroleum gas or other fuel used in a structure in which swine are raised.
(B)(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 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; and 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;'

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SECTION 2. This Act shall become effective on July I, 2006.

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

Approved April27, 2006.

COURTS- PRETRIAL INTERVENTION AND DIVERSION PROGRAMS; CREATION BY COURTS.
No. 575 (House Bill No. 718).
AN ACT
To amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion pro grams; to provide for court costs; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, is amended by striking subsections (a), (f), and (g) of Code Section 15-18-80, relating to policy and procedure, and inserting in their respective places the following:
"(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts." "(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted. (g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made

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payable to and disbursed by the clerk of the court in which the case would be prosecuted.'

SECTION 2. Said article is further amended by striking Code Section 15-18-81, relating to court costs, and inserting in lieu thereof the following:
'15-18-81. The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted.'

SECTION 3. Said article is further amended by adding a new Code section to the end of the article to read as follows:
'15-18-82. As used in this article, the term 'prosecuting attorney' means the individual responsible for prosecuting cases in superior courts, state courts, pro bate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations.'

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

Approved April27, 2006.

MOTOR VEHICLES- SPECIAL LICENSE PLATES; DIABETIC PERSONS; ARMED SERVICES VETERANS; GEORGIA ASSOCIATION OF REALTORS.
No. 576 (House Bill No. 710).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, intent to appropriate revenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code section to read as follows:
'40-2-86.19. (a) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 50l(c)(3) of Title 26 of the Internal Revenue Code and, subject to the appropriation process of the General Assembly, appropriating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the license plates listed in subsection (1) of this Code section shall be issued by the department beginning on January 1, 2007, ifall of the requirements of subsections (b) through (k) of this Code section have been satisfied. (b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and

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licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee derived from the sale of special license plates shall be deposited into the general fund. The sponsoring agency, fund, or nonprofit corporation, subject to the appropriation process of the General Assembly, may request that the funds derived from the sale of special license plates be appropriated to the department for disbursement to such agency, fund, or nonprofit corporation. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation ofits nonprofit status under Section 501 (c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsection (l) of this Code section authorizing the potential appropriation to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached. (h) No special license plate authorized pursuant to subsection (l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2007, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (i) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such

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special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met.
(1)( 1) The General Assembly has determined that license plates promoting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and the revenue shall be deposited in the general fund, subject to the appropriation process of the General Assembly. (2) A special license plate identifying persons with diabetes. The main purpose of the special license plate is that law enforcement officers and emergency personnel will be alerted to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund. (3) A special license plate honoring all veterans who have served in the armed services of the United States. All of these men and women have sacrificed a portion of their lives in order to serve their country and protect our freedom. The funds raised by the sale of this special license plate shall be deposited in the general fund. (4) A special license plate honoring the Georgia Association of Realtors. The Association is being honored for its long-standing support of housing opportunities for all citizens of this state, private property rights, and all organizations that assist people in achieving the American dream of home ownership. The funds raised by the sale of this special license plate shall be deposited in the general fund:

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April27, 2006.

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PENAL INSTITUTIONS; STATE-WIDE PROBATION SYSTEM; TERMS AND CONDITIONS OF PROBATION; EXTEND SUNSET OF PROBATION MANAGEMENT ACT.

No. 577 (House Bill No. 692).

AN ACT

To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of probation; to change the repeal date of the "Probation Management Act of 2004"; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking subsection (a) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following:
'(a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit the probationer at the probationer's home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or (B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of

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medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; ( 10) Support the probationer s legal dependents to the best ofthe probationer s ability; (11) Violate no local, state, or federal laws and be of general good behavior; ( 12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; and ( 13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department."

SECTION 2. Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, is amended by striking Code Section 42-8-160, relating to the repealer, and inserting in lieu thereof the following:
'42-8-160. This article shall be repealed in its entirety on June 30, 2008.'

SECTION 3. (a) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to terms and conditions of probation imposed on or after such date. (b) Section 2 of this Act shall become effective on June 15, 2006.

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

Approved April 27, 2006.

RETIREMENT; FIREFIGHTERS; CREDITABLE SERVICE; MILITARY DUTY.
No. 578 (House Bill No. 660).
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 provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable

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service on a monthly basis; 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 provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, is amended by inserting at the end of Article 5, relating to service creditable toward retirement, two new Code sections to read as follows:
'47-7 -88. (a) The provisions of this Code section apply solely to any member of the fund who left active employment as a firefighter as a result of being called to active duty as a member of the Army or Air Force National Guard or the Army, Air Force, Navy, or Marine Corps Reserve and who returned to employment as a firefighter upon being released from such active duty. (b) Any member of the fund shall be entitled to receive creditable service for a period of break in service due to being called to active military duty. To receive such creditable service, a member must make application to the board and pay the normal monthly dues for each month of such period of break in service not later than one year following the member's release from active duty and return to employment.

47-7-89. The board is authorized to calculate creditable service on a monthly basis, expressed as a fraction of a year, for periods of time less than a year:

SECTION 2. 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 inserting at the end of Article 5, relating to transferability, the following:
'47-7A-83. (a) The provisions of this Code section apply solely to any member of the fund who left active employment as a firefighter as a result of being called to active duty as a member of the Army or Air Force National Guard or the Army, Air Force, Navy, or Marine Corps Reserve and who returned to employment as a firefighter upon being released from such active duty. (b) Any member of the fund shall be entitled to receive creditable service for a period ofbreak in service due to being called to active military duty. To receive such creditable service, a member must make application to the board and pay the normal monthly dues for each month of such period of break in service not later

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than one year following the member's release from active duty and return to employment.

47-7A-84. The board is authorized to calculate creditable service on a monthly basis, expressed as a fraction of a year, for periods of time less than a year.'

SECTION 3. This Act shall become effective on July I, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 ofthe Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved April27, 2006.

MOTOR VEHICLES; ALL-TERRAIN VEHICLES.
No. 579 (House Bill No. 654 ).
AN ACT
To amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, is amended by adding new paragraphs (8.1) and (8.2) to read as follows:
(8 .1) 'Class I all-terrain vehicle' means a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 1,000 pounds or less that travels on three or more low-pressure tires, has a saddle or seat for the operator, and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. (8.2) 'Class II all-terrain vehicle' means any motor vehicle that:

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(A) Weighs more than a class I all-terrain vehicle and less than 8,000 pounds; (B) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; and (C) Is actually being operated off a highway:

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

Approved April27, 2006.

RETIREMENT; STATE EMPLOYEES; TEMPORARY FULL-TIME SERVICE; ALLOWABLE SERVICE.
No. 580 (House Bill No. 644).
AN ACT
To amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
'(a) As used in this Code section, 'temporary full-time service' means employment by the legislative branch of the state government prior to July 1, 2006, on a full-time basis for less than nine months in any calendar year that did not qualify the employee to be a member of the retirement system:
SECTION 2. Said Code section is further amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:
'(d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 2007:

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SECTION 3. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 4 7 of the Official Code ofGeorgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved April27, 2006.

CRIMINAL PROCEDURE; BONDMEN'S FEES.
No. 581 (House Bill No. 594).
AN ACT
To amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmen's fees; 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 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, is amended by striking subsection (a) and inserting in lieu thereof the following:
'(a) Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the face amount ofthe bond set in the amount of$1 0,000.00 or less, which amount includes the principal and all applicable surcharges, and shall not charge or receive more than 15 percent of the face amount of the bond set in an amount in excess of $10,000.00, which amount includes the principal and all applicable surcharges, as compensation from defendants or from anyone acting for defendants."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April27, 2006.

GEORGIA LAWS 2006 SESSION

431

REVENUE; COUNTY BOARD OF TAX ASSESSORS; VALUATION ESTABLISHED ON APPEAL.

No. 582 (House Bill No. 560).

AN ACT

To amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards oftax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
'(c) Real property, the value of which was established by an appeal in any year, that has not been returned by the taxpayer at a different value during the next two successive years, may not be changed by the board of tax assessors during such two years for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain ifthere have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value. If a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors discloses any errors, such errors shall not be the sole sufficient basis for increasing the valuation during the two-year period.'

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

Approved April27, 2006.

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MOTOR VEHICLES; FURNISHING DRIVER HISTORY INFORMATION.

No. 583 (House Bill No. 513).

AN ACT

To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, is amended by striking paragraph (4) of subsection (f) and inserting in its place the following:
n(4) To a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee and to the Georgia Bureau of Investigation for the purpose of providing a local fire or law enforcement department with the abstract through the Criminal Justice Information System. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department;8

SECTION 2. Said Code section is further amended by striking subparagraph (c)( 1)(A) and inserting in its place a new subparagraph to read as follows:
'(A) With the written instructions and consent of the driver upon whom the operating record has been made and compiled; such instructions and consent shall be signed by the driver but shall not be required to be notarized;'.

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

Approved April27, 2006.

GEORGIA LAWS 2006 SESSION

433

INSURANCE; INSURERS PROVIDING FOOD AND REFRESHMENT TO CLIENTS DURING PRESENTATIONS AND SEMINARS.

No. 584 (House Bill No. 425).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as 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 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 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 of the following 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 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

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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; (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; or (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients;'

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

Approved April27, 2006.

MOTOR VEHICLES; GOVERNMENT MOTOR VEHICLES; REPLATING REQUIREMENTS; FEES; TAGS.
No. 585 (House Bill No. 363).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; 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. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking subsections (b), (b.l ), and (c) of Code Section 40-2-31, relating to design and replacement of license plates on private vehicles, and inserting in their place the following:
'(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in bold characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance ofnew metal license plates and to implement the other provisions of this Code section. (c) The face of the license plate to be displayed shall be treated completely with aretroreflective material which will increase the nighttime visibility and legibility of the plate. The department shall prepare the specifications which such retroreflective material shall meet.'

SECTION 2. Said article is further amended by striking Code Section 40-2-37, relating to registration and licensing of governmental motor vehicles, and inserting in its place the following:
'40-2-37. (a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or otherproper officials ofthe respective departments and agencies ofthe state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereofto which such vehicle

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is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing ofthe properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $3.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. The license fee, less the actual manufacturing cost of the plates which will be retained by the department, shall be deposited in the general fund of the state treasury. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. (b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the commissioner shall provide for registration and issuance of regular license plates for such vehicles. The license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such license plates shall not display any registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such license plates shall be issued at the time the vehicle is purchased by the state. (c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type ofgovernmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip. (d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and returned to the commissioner or the county tag agent for destruction. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered.

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(e) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision ofthis state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. (t) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 2007:

SECTION 3. This Act shall become effective on July 1, 2006.

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

Approved April27, 2006.

STATE GOVERNMENT- DESIGNATE OFFICIAL MUSICAL THEATRE.
No. 586 (House Bill No. 343).
AN ACT
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. WHEREAS, the partnership between Valdosta State University and the Jekyll Island Authority to produce the Jekyll Island Musical Theatre has been dissolved and Valdosta State University has moved its summer theatre program to the Valdosta State University campus as the Peach State Summer Theatre; and
WHEREAS, the State of Georgia has recognized the importance of tourism to the economic and cultural well-being of its people through the establishment of the Department of Economic Development; and

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WHEREAS, the enhancement of tourist attractions in Georgia, which would encourage tourists to extend their stay in Georgia, benefits the state; and

WHEREAS, many groups in the state are working to improve the quality of artistic and recreational experiences for Georgia residents and for out-of-state tourists as well; and

WHEREAS, the existence of musical theatre is a vital component of the artistic and cultural life ofGeorgia; and Georgia is committed to encourage and support artists' activities of the highest quality for the enjoyment and enrichment of the citizens; and

WHEREAS, Valdosta State University, a unit of the University System ofGeorgia, has received a Regents' Award for Excellence in the Theatre and has a 15 year history of producing the Jekyll Island Musical Theatre Festival, a professional repertory musical theatre company; and

WHEREAS, Valdosta State University is moving its summer theatre to Valdosta, Georgia, and will continue to present musical theatre of outstanding artistry to residents and tourists; and

WHEREAS, that summer theatre is named the Peach State Summer Theatre in celebration of the State of Georgia.

SECTION 2. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by striking in its entirety Code Section 50-3-69, relating to the official musical theatre, and inserting in lieu thereof the following:
"50-3-69. (a) The 'Peach State Summer Theatre' is designated as the official musical theatre of the State of Georgia. (b) The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Peach State Summer Theatre and to visit the State of Georgia for tourism purposes."

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

Approved April27, 2006.

GEORGIA LAWS 2006 SESSION

439

PROFESSIONS- IGNITION INTERLOCK DEVICE; PROVIDER CENTER LICENSURE.

No. 587 (House Bill No. 276).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:

"CHAPTER 12A

43-12A-l. This chapter shall be known and may be cited as the 'Ignition Interlock Device Providers Act.'

43-12A-2. As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of driver services. (2) 'Department' means the Department of Driver Services acting directly or through its duly authorized officers and agents. (3) 'Ignition interlock device' means a constant monitoring device certified by the commissioner which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration ofthe 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 if the sample is not a sample of human breath. (4) 'Provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court.

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43-12A-3. No person shall operate a provider center or engage in the practice of providing, installing, or monitoring ignition interlock devices unless a license therefor has been secured from the department.

43-12A-4. (a) Every person who desires to operate a provider center shall meet the following requirements:
(1) Maintain an established place of business in the state which is open to the public; (2) Maintain a general liability policy of insurance, including products and completed operations, with not less than $50,000.00 of combined single limits, with an insurance carrier authorized by the Commissioner oflnsurance to write policies in the state. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department; (3) Provide a continuous surety bond in the principal sum of$10,000.00 for the protection of the contractual rights of individuals required to maintain an ignition interlock device in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $20,000.00 per location, and a single bond at such rate for all locations separately licensed and operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days' notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (4) Have the equipment and knowledge necessary to provide, install, and monitor ignition interlock devices as prescribed by the department; and (5) Pay to the department an application fee of $250.00. (b) The department shall conduct a records check for any applicant for certification as a provider center operator. 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 of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau oflnvestigation for the submission, processing, and review of such fingerprints.

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(c) No applicant shall be licensed or certified who does not meet the requirements set forth in Code Section 43-12A-6.

43-12A-5. (a) No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center. (c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Driver Services or the Department of Human Resources, and any immediate family member thereof shall be prohibited from owning, operating, being employed by or acting as an agent or servant for, or having a financial interest in any provider center.

43-12A-6. Every person who desires to operate a provider center or to engage in the practice of providing, installing, or monitoring ignition interlock devices:
(1) Shall not have knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; 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; (2) Shall not have been convicted of a second or subsequent violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained; (3) Shall not have been convicted of any felony or of any crime involving theft, fraud, violence, or moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless ofwhether an appeal of the conviction has been sought; and (4) Shall not have been arrested, charged, and sentenced for the commission of any felony, or any crime involving theft, fraud, violence, or moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.

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The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime.

43-12A-7. (a) The department shall issue a license certificate to each provider center operator when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed. (b) All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-12A-8. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00. (d) All applications for renewal of a provider center operator's license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor fewer than ten days preceding the expiration date of the license to be renewed.

43-12A-8. The department may cancel, suspend, revoke, or refuse to renew any provider center's license upon good cause being shown and after ten days notice to the license holder if:
( 1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver s license or permit; (3) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (4) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department; (5) The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers,

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radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or (6) The driver's license of the licensee has been canceled, suspended, or revoked.

43-12A-9. (a) The commissioner is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file in the superior court:
(1) Wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) In the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter:

SECTION 2. This Act shall become effective on January 1, 2007.

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

Approved April27, 2006.

FOOD, DRUGS, AND COSMETICS; PRESCRIPTION DRUGS BY MAIL; ELECTRONIC
TRANSMISSION OF DRUG ORDERS.
No. 588 (House Bill No. 246).
AN ACT
To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to amend Code Section 26-4-80 of the Official Code ofGeorgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; 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 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by striking paragraph (11) of subsection (a) and inserting in lieu thereof the following:
"(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use ofthe mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution or to sell, distribute, or deliver prescription drug refills, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model health maintenance organization and licensed under Code Section 26-4-110. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions:

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(A) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (B) In accordance with clinical and professional standards, the State Board of Pharmacy shall promulgate a list of medications which may not be delivered by the mails or other common carriers. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other medications which, in the professional opinion ofthe dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (C) The pharmacy shall utilize, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (D) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization;"

SECTION 2. Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, is amended by striking paragraphs (1) and (5) of subsection (c) and inserting in their places the following:
'( 1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via

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facsimile, by the practitioner or the practitioner's agent under supervision of the practitioner, to the pharmacy of the patient's choice with no intervening person or intermediary having access to the prescription drug order. For purposes of this paragraph, 'intervening person or intermediary' shall not include a person who electronically formats or reconfigures data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;' '(5) An electronically encrypted, issued, or produced prescription drug order transmitted from a practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be compromised by unauthorized interventions, control, change, altering, manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patient's choice. For purposes of this paragraph, 'unauthorized interventions, control, change, altering, manipulation, or accessing patient record information' shall not include electronic formatting or reconfiguring of data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;'

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

Approved April27, 2006.

CIVIL PRACTICE- TORT CLAIMS; SETTLEMENT OFFERS; ATTORNEY'S FEES AND COSTS.
No. 589 (House Bill No. 239).
AN ACT
To amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, so as to change provisions relating to offers to settle tort claims; to change provisions relating to when a party declining an offer may be liable for attorney's fees and costs; 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. Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, is amended by striking Code Section 9-ll-68, relating to offers to settle tort claims, and inserting in its place a new Code section 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 (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)(l) If a defendant makes an offer of settlement which is rejected by the plaintiff, the defendant shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred by the defendant or on the defendant's behalf from the date of the rejection of the offer of settlement through the entry of judgment if the final judgment is one of no liability or the final judgment obtained by the plaintiff is less than 7 5 percent of such offer of settlement. (2) If a plaintiff makes an offer of settlement which is rejected by the defendant and the plaintiffrecovers a final judgment in an amount greater than 125 percent of such offer of settlement, the plaintiffshall be entitled to recover reasonable attorney's fees and expenses of litigation incurred by the plaintiff or on the plaintiffs behalf from the date of the rejection of the offer of settlement through the entry of judgment. (c) Any offer 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

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offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorney's fees and costs under this Code section.
(d)(l) The court shall order the payment of attorney's fees and expenses of litigation upon receipt ofproofthatthe judgment is one to which the provisions of either paragraph ( 1) or paragraph (2) of subsection (b) of this Code section apply; provided, however, that if an appeal is taken from such judgment, the court shall order payment of such attorney's fees and expenses of litigation only upon remittitur affirming such judgment. (2) If a party is entitled to costs and fees 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 of attorney'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 fact 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: (1) 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 (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 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 April27, 2006.

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MOTOR VEHICLES; SHARING OF LICENSE INFORMATION; UNIFORM TRAFFIC CITATIONS; ELECTRONIC TRANSMISSION; LICENSE SUSPENSION; HABITUAL VIOLATOR; MEDICAL REVOCATION; TRAFFICKING; COMMERCIAL DRIVERS' LICENSES; RACING.

No. 590 (House Bill No. 1253).

AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for sharing of information with courts and other agencies regarding license information; reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers' licenses; to provide for a suspension for violation of restrictions on a driver's license; to require implementation of electronic transmission of uniform traffic citations to the Department of Driver Services; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to provide that each violation of a provision that leads to a license suspension is treated as a separate transaction; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to provide a penalty for driving a vehicle in violation of an out of service order; to provide that applicants for commercial drivers' licenses must take the Highway Watch safety and security program; to allow for issuance of nonresident commercial drivers' licenses; to clarifY the requirements for commercial drivers' licenses with a hazardous materials endorsement; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarifY the penalty for racing on a highway; to provide that a speeding conviction must specifY the amount by which the speed limit was exceeded; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 ofTitle 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subparagraph (c)(l)(D) of Code Section 40-5-2, relating to maintaining records of applicants for drivers' licenses, in its entirety and inserting in its place the following:

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"(D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another state;"

SECTION 2. Said chapter is further amended by striking the undesignated text following division (a.l)(2)(C)(v) of Code Section 40-5-22, relating to minimum age for licensees, school attendance requirements, and driving training requirements, in its entirety and inserting in its place the following:
"Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first."

SECTION 3. Said chapter is further amended by striking Code Section 40-5-28.1, relating to use of social security numbers on drivers' licenses, in its entirety and inserting in its place the following:

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'40-5-28.1. No license or permit issued or renewed on or after January 1, 2007, pursuant to this article shall contain the social security number of the licensee or permit holder.'

SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 40-5-30, relating to restricted drivers' licenses, in its entirety and inserting in its place the following:
'(c) The department, upon receiving satisfactory evidence ofany violation ofthe restrictions of such license, may suspend the license for a period of six months. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her.'

SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-5 3, relating to when courts have to send drivers' licenses and reports of convictions to the department, and inserting a new subsection (b) 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 ofthis title, in satisfaction ofthe reporting requirement ofthis subsection, the courts ofthis 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 of the city or county operating the court.'

SECTION 6. Said chapter is further amended by striking Code Section 40-5-56, relating to driver's license suspensions for failure to respond to a citation and appear before a court of competent jurisdiction, in its entirety and inserting in its place the following:
'40-5-56. (a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation

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to appear before a court ofcompetent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. (b) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person s license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $3 5.00 or $25.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter:

SECTION 7. Said chapter is further amended by striking subparagraph (e)(1 )(A) of Code Section 40-5-58, relating to habitual violators and probationary licenses, in its entirety and inserting in its place the following:
(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;

SECTION 8. Said chapter is further amended by enacting a new subsection (d) in Code Section 40-5-59, relating to reexamination of drivers believed to be incompetent or unqualified, to read as follows:
(d) The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information to the department for the purposes of this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2:

SECTION 9. Said chapter is further amended by striking the introductory language of subsection (a) and subsection (d) of Code Section 40-5-63, relating to driver's license suspensions for certain offenses, in their entirety and inserting in their place, respectively, the following:
(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or ofviolating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation oflaw be suspended and such suspension shall be subject to the following 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 of Code Section 40-5-75; and further provided that each charge for which a conviction was obtained shall be treated

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as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incidene
'(d)(l) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, 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. (2) For purposes of this chapter, an accepted plea of nolo contendere to any violation of Code Section 40-6-393 or 40-6-394 shall constitute a conviction."

SECTION 10. Said chapter is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, in its entirety and inserting in its place the following:
'(e) Duration ofpermit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.l) ofCode Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in accordance with paragraph (I) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of30 days in the case of an administrative license suspension in accordance with paragraph (I) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 ofTitle 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit.'

SECTION 11. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 40-5-75, relating to suspension of drivers' licenses by operation of law, in its entirety and inserting in its place the following:

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"(a) The driver's license of any person convicted of any violation of the Georgia Controlled Substances Act, including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, transfer or traffic in a controlled substance or marijuana, or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:"

SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 40-5-121, relating to driving while license is suspended or revoked, in its entirety and inserting in its place the following:
"(b) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) of Code Section 40-5-75, shall extend the period of suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section."

SECTION 13. Said chapter is further amended by striking subparagraph (C) of paragraph (7) and the undesignated text following said subparagraph (C) and paragraphs (9) and (22) of Code Section 40-5-142, relating to definitions relevant to commercial drivers' licenses, in their entirety and inserting in their respective places the following:
"(C) If the vehicle is transporting hazardous materials as designated under 49 U.S.C. Section 5103 and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F .R. Part 172, subpart F or is transporting any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part73; provided, however, that for the purposes ofthis article, no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, 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, including operation by employees or family members; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal LaW 49 C.F .R. Parts 383 and 384 of the United States Department of Transportation

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shall supersede state law in authorizing the Department of Driver Services to exempt said classes: '(9) 'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture ofbail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.' '(22) 'Serious traffic violation' means conviction of any of the following offenses when operating a commercial motor vehicle or a noncommercial motor vehicle:
(A) Speeding 15 or more miles per hour above the posted speed limit; (B) Reckless driving, as defined under state or local law; (C) Following another vehicle too closely, as defined under state or local law; (D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change; (E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations; (F) A railroad grade crossing violation as defined under state law or local ordinance; (G) Driving a commercial motor vehicle without obtaining a commercial driver's license; (H) Driving a commercial motor vehicle without a valid commercial driver's license in the driver's immediate possession; or (I) Driving a commercial motor vehicle without a commercial driver's license ofthe proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported.'

SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 40-5-146, relating to operation ofa commercial motor vehicle without valid license or driving privilege, in its entirety and inserting in its place the following:
'(b)(1) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification . (2) No person may drive a commercial motor vehicle in violation of an out of service order.'

SECTION 15. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, in its entirety and inserting in its place the following:

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"(a)(l) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only."

SECTION 16. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-148.2. If an individual is a resident of another state while that other state is prohibited from issuing commercial drivers' licenses pursuant to 49 C.F .R. Section 384.405, that individual is eligible to obtain a nonresident commercial driver's license. The individual shall provide the information specified in Code Section 40-5-149. The department shall promulgate rules and regulations as necessary to implement this Code section within 90 days of being notified that a state will be prohibited from issuing commercial drivers' licenses."

SECTION 17. Said chapter is further amended by adding a new subsection (i) to Code Section 40-5-150, relating to contents, classifications, endorsements, and restrictions on commercial drivers' licenses, to read as follows:
"(i)(l) Before issuing, renewing, upgrading, or transferring a commercial driver's license with a hazardous materials endorsement, the department shall obtain a Transportation Security Administration determination that the individual does not pose a security risk warranting denial of the endorsement. The department shall promulgate rules and regulations as necessary to implement this subsection. (2) If, after issuing a commercial driver's license bearing a hazardous materials endorsement, the department receives notification that the Transportation Security Administration has determined that the holder thereof poses a security risk, it shall cancel the commercial driver's license. The department may issue a new commercial driver's license without a hazardous materials endorsement to said licensee upon surrender of the license bearing the cancelled endorsement. (3) If a person to whom the department previously issued a commercial driver's license with a hazardous materials endorsement has provided all ofthe required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security

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Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment before the expiration date of said commercial driver's license, the department may renew the commercial driver's license for a period of 90 days if the licensee wishes to retain the hazardous materials endorsement. Notwithstanding the foregoing, the person's commercial driver's license may be renewed for the full renewal period if the licensee wishes to drop the hazardous materials endorsement. (4) If a person to whom another state previously issued a commercial driver's license with a hazardous materials endorsement applies prior to the expiration thereof to transfer said license, the department may issue a temporary commercial driver's license with a hazardous materials endorsement valid for a period of 90 days upon the person's successful completion of all other statutory requirements. It shall be a prerequisite to the issuance of such a temporary license that the person has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment prior to the expiration date of the person's commercial driver's license issued by the previous state.'

SECTION 18. Said chapter is further amended by striking subsection (h) of Code Section 40-5-150, relating to the contents of a commercial driver's license, in its entirety and inserting in its place the following:
'(h) When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications, and provide evidence the applicant has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.'

SECTION 19. Said chapter is further amended by striking subsections (b), (c), and (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, in their entirety and inserting in lieu thereof new subsections (b), (c), and (g) and by adding new subsection (i) and (j) to read as follows:
'(b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or for offenses specified in subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act.

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(c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection (a) of Code Section 40-5-54, paragraph (I) of subsection (b) ofCode Section 40-5-146, or Code Section 40-6-391, the refusal to submit to state administered chemical testing as prescribed by Code Section 40-5-55, or any combination of those offenses or refusals, arising from two or more separate incidents."
"(g)(!) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
(A) First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year; (B) Second violation - a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and (C) Third or subsequent violation- a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years. (2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner. (3) Any person is disqualified for a period of not less than 180 days nor more than two years ifthe driver is convicted of a first violation ofan out-of-service order while transporting hazardous materials required to be placarded under Section 105 ofthe Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. (4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of a railroad grade crossing violation in a commercial vehicle shall be subject to a civil penalty of notless than $1,100.00 and not to exceed $2,750.00." "(i) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in a check of an applicant's license status and record prior to issuing a commercial driver s license or at any

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time after the commercial driver s license is issued, that the applicant has falsified information on his or her application or any related filing.
U)( 1) Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard. (2) If the Federal Motor Carrier Safety Administration notifies the department that a person's driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year."

SECTION 20. Said chapter is further amended by striking subsections (c) and (d) of Code Section 40-5-159, relating to penalties for driving a commercial motor vehicle while in violation of the law, in its entirety and inserting in its place the following:
'(c)(l) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The department shall suspend the commercial driver's license or commercial driving privilege of any driver convicted of violating subsection (a) or paragraph (1) ofsubsection (b) of Code Section 40-5-146 for a period of six months. (2) The department shall suspend the commercial driver's license or commercial driving privilege of any person who is convicted of violating Code Section 40-5-29 in a commercial vehicle for a period of six months. (d) Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed
$11 ,ooo.oo:

SECTION 21. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking subsection (c) of Code Section 40-6-186, relating to racing on highways or streets, and inserting in its place the following:
'(c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor."

SECTION 22. Said chapter is further amended by striking Code Section 40-6-187, relating to charging speeding violations, in its entirety and inserting in its place the following:

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"40-6-187. (a) In every charge of violation of any speed regulation in this chapter, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and also the maximum speed applicable within the district or at the location. (b) For the purpose of imposing points pursuant to Code Section 40-5-57, every sentence for a violation of any speed regulation in this chapter shall state the specific amount by which the person convicted exceeded the speed limit.'

SECTION 23. This Act shall become effective on July 1, 2006.

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Approved April27, 2006.

PROFESSIONS- LIMITED AND TEMPORARY DRIVER SCHOOL PERMIT; COMMERCIAL DRIVER TRAINING SCHOOL OPERATORS; BUSINESS NAMES.
No. 591 (House Bill No. 1252).
AN ACT
To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schoo Is, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, is amended by striking Code Section 43-13-2, relating to definitions relative to driver training schools, in its entirety and inserting in its place the following:

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'43-13-2. (a) As used in this chapter, the term:
(1) 'Commercial driver training school,' except as provided in subsection (b) of this Code section, 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. (2) 'Department' means the Department of Driver Services acting directly or through its duly authorized officers and agents. (3) 'Driver training course' means a course including but not limited to classroom instruction; behind-the-wheel instruction; instruction by means of simulation training; and defensive driving, distance learning, or virtual driver training courses approved by the Department of Driver Services for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state. (4) 'Driver training school,' except as provided in subsection (b) of this Code section, 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 behalf of the Department of Driver Services pursuant to Chapter 15 of Title 40. The term shall also include any public school system offering a driver training course during the regular school day as part of a student curriculum at no cost to the student. (5) 'Driver's license examiners' means examiners appointed by the Department of Driver Services for the purpose of giving driver's license examinations. (6) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (7) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school. (b) The terms 'commercial driver training school' as defined in paragraph (2) of subsection (a) of this Code section and 'driver training school' as defined in paragraph (4) of subsection (a) of this Code section shall not include: (I) Hospitals and state licensed rehabilitation centers offering a driver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; provided, however, that such facilities shall be required to file a memorandum of understanding with the commissioner of the Department of Driver Services in the prescribed format of the department; (2) Any person, partnership, limited liability company, or corporation offering a for-hire defensive driving safety course for the purpose of providing training to assist persons to obtain a Class C or Class M license through means of behind-the-wheel training, simulator training, or offering a defensive driving

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safety course consisting of less than 30 hours of classroom and six hours of behind-the-wheel training. These entities shall be required to obtain a limited license as a driver training school, register and identify all of its vehicles, and shall become subject to the same insurance requirements for a driver training school as outlined in Code Section 43-13-4. Limited driver training schools offering classroom or simulator training only will not be required to comply with the liability insurance requirements outlined in Code Section 43-13-4. The commissioner of the Department of Driver Services shall promulgate and adopt rules and regulations for the qualifications and establish the application fees for the driver training school limited license. The commissioner shall issue the driver training school limited license if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety. The driver training school limited license shall be valid for a period of four years; or (3) Any person, partnership, limited liability company, or corporation which offers occasional driver training instruction. These entities may obtain a temporary driver training permit for a period of seven consecutive days beginning and ending on the dates specified on the face of the permit. Temporary driver training permits shall be obtained by schools, individuals, or other entities which offer occasional driver training instruction that do not maintain a permanent classroom located within the state. The fee for each temporary driver training permit shall be $100.00 per week and $25.00 for each vehicle. No temporary driver training permit shall be issued without the commissioner having first received satisfactory proofthat the applicant meets the insurance requirements as defined in Code Section 43-13-4 and the vehicle and safety requirements as set forth in the rules and regulations of the commissioner. A temporary driver training permit shall be displayed in a conspicuous location at any time instruction is being given and a copy of such permit shall be located in each vehicle that is registered for the purpose of providing instruction.'

SECTION 2. Said chapter is further amended by striking Code Section 43-13-3, relating to license requirements for driver training school operators, in its entirety and inserting in its place the following:
'43-13-3 0 No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction for hire to ten or more persons per calendar year in the driving of motor vehicles or in the preparation of an applicant for examination given by driver's license examiners for a driver's license or permit unless a license, a limited license, or a temporary driver training permit therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and 8 commercial driver training school.'

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SECTION 3. Said chapter is further amended by striking Code Section 43-13-4, relating to qualifications of driver training school operators, in its entirety and inserting in its place the following:
'43-13-4. Every person who desires to operate a driver training school or a commercial driver training school shall meet the following requirements:
(1) Be of good moral character; (2) Maintain an established place ofbusiness in the State of Georgia which is open to the public; (3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $300,000.00 for bodily injury to or death oftwo or more persons in any one accident and the amount of $50,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days' prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days' notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. If at any time said bond is not valid and in force, the license of the school or program shall be deemed suspended by operation of law until a valid surety company bond is again in force; (5) Have the equipment necessary to the giving of proper instruction in the operation of motor vehicles as prescribed by the department; and (6) Pay to the department an application fee for the approval of driver training schools and instructors, commercial driver training schools and instructors, and limited license driver training schools and instructors. The amount of this fee shall be established by the commissioner of driver services and shall, as best as the commissioner shall determine, approximate the expense incurred by the department in consideration of the license applications. These licenses and

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each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period.'

SECTION 4. Said chapter is further amended by striking Code Section 43-13-4.1, relating to business names of driver training schools, in its entirety and inserting in its place the following:
"43-13-4.1. (a) No driver training school or commercial driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school or commercial driver training school by the owner of the rights therein to another licensed commercial driver training school."

SECTION 5. Said chapter is further amended by striking paragraphs (2) and (5) ofCode Section 43-13-5, relating to qualifications of driver training school instructors, in their entirety and inserting in their respective places the following:
"(2) Present to the department evidence ofcredit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall be established by the commissioner of driver services;' "(5) Pay to the department an application fee to be established by the commissioner of driver services.'

SECTION 6. This Act shall become effective on July 1, 2006.

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

Approved April27, 2006.

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MOTOR VEHICLES- PROFESSIONS; DISTINGUISHABLE TRANSPORTER LICENSE PLATE; DEFINE USED MOTOR VEHICLE WHOLESALER.

No. 592 (House Bill No. 1052).

AN ACT

To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; 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 provide for 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. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-3 8, relating tore gistration and licensing of dealers, manufacturers, and persons transporting motor vehicles and mobile homes, in its entirety and inserting in its place the following:
'40-2-38. (a)(l) 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 and from the dealer plate for a motor vehicle wholesaler. 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 of transporting a vehicle. (2) 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

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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. (3) 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 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 numbers. 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: (1) 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 ( 1) of this subsection, each dealer may also be issued one additional dealer plate for every 20 units sold in a calendar year. In order to determine the additional number and classification of plates to be issued to a dealer, a dealer shall be required to certify by affidavit to the department the number of retail and wholesale units sold in the prior calendar year using the past motor vehicle sales history of the dealer as identified by department records of documentation approved by the department. 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, request documentation supporting sales history and may increase or decrease the number and classification of plates issued based on actual sales. (c) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (d) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, or manufacturer has unlawfully used such license plates in violation of this Code section. (e) 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

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issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, 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 2. Said article is further amended by inserting a new Code section immediately following Code Section 40-2-38, relating to registration and licensing of dealers, manufacturer~, and persons transporting motor vehicles and mobile homes, to read as follows:
'40-2-3 8.1. (a) A person engaged in the business of the limited operation of a motor vehicle for any of the following purposes may obtain a transporter plate authorizing the movement of the vehicle for the specific purpose:
( 1) To facilitate the delivery of new or used motor vehicles, trucks, or buses between manufacturers, distributors, dealers, sellers, or purchasers; (2) To move a mobile office, a mobile classroom, a mobile or manufactured home, or a house trailer; (3) To drive a motor vehicle that is part of the inventory of a dealer to and from a motor vehicle trade show or exhibition or to, during, and from a parade in which the motor vehicle is used; or (4) To drive special mobile equipment in any of the following circumstances:
(A) From the manufacturer of the equipment to a facility of a dealer; or (B) From one facility of a dealer to another facility of a dealer. (b) This Code section shall not be construed to require a motor vehicle dealer to obtain transporter plates in order to transport vehicles for sale or lease. (c) A person may obtain a transporter plate by filing an application with the Department of Revenue and paying the required fee. The fee for an initial transporter plate shall be $62.00 and the fee for all additional plates shall be $12.00. An application for a transporter plate must be on a form provided by the department and must contain the information required by the department. The department is authorized to promulgate regulations consistent with this Code section. (d) Transporter plates issued under this Code section shall be distinguishable from dealer, wholesaler, manufacturer, or distributor plates, as provided for in Code Section 40-2-38. (e) During the year for which it is issued, a person may transfer a transporter plate from one vehicle to another so long as the vehicle is driven only for a purpose authorized by subsection (a) of this Code section. In order to obtain a transporter plate, an applicant must demonstrate to the department compliance with all applicable federal and state laws. (t) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that an applicant has unlawfully

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used such license plates for purposes other than those expressly permitted by this Code section. (g) 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, manufacturer, 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. (h) This Code section shall not in any way apply to farm tractors/

SECTION 3. 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 in Code Section 43-47-2, relating to definitions relative to the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers Registration Act, by striking subparagraph (A) of paragraph ( 17) and inserting in lieu thereof a new subparagraph (A) and a new paragraph (19) to read as follows:
'( 17)(A) 'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle wholesaler and a motor vehicle broker shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to independent motor vehicle dealers or to individual consumers shall be deemed to be a used motor vehicle dealer or used car dealer for the purposes of this chapter except as otherwise provided in division (x) of subparagraph (B) of this paragraph. Without limiting any of the foregoing, the sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, that a pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her interest in such motor vehicles only to licensees under this chapter shall not be considered a used motor vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage in activities which would bring hilll or her under the licensing requirements of this chapter."

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'(19) 'Wholesaler' means a person who sells or distributes used motor vehicles to motor vehicle dealers in this state, has a sales representative in this state, or controls any person who offers for sale, sells, or distributes any used motor vehicles to motor vehicle dealers in this state.'

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 April27, 2006.

EDUCATION- LOCAL SALARY SUPPLEMENT; DECREASE; PUBLIC HEARINGS.
No. 593 (House Bill No. 1483).
AN ACT
To amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-212 ofthe Official Code ofGeorgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," is amended by striking subsection (b) and inserting in lieu thereof the following:
'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in

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the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least two public hearings regarding such decrease, notice ofwhich hearings, including the time, place, agenda, and specific subject matter of the meeting, the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearings are to be held. Written notice shall be provided to each employee subject to the schedule of minimum salaries under subsection (a) of this Code section at least seven days prior to the date of the hearings. Each such hearing shall be held and shall commence after school hours to allow certificated and noncertificated personnel to attend:

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

Approved April27, 2006.

REVENUE- SALES TAX; CARPET SAMPLES.
No. 594 (House Bill No. 1040).
AN ACT
To amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to define the total raw material cost of carpet samples for certain fair market valuation purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, is amended by striking subparagraph (b)(l)(B) and inserting in its place a new subparagraph (b)(l)(B) to read as follows:
"(B)(i) As used in this subparagraph, the term 'total raw material cost' means the manufactured cost of carpet samples; supplies used in the manufacturing of carpet samples such as binding, grommets, and similar items; carpet sample display devices such as racks, binders, and similar items; and inbound freight charges. Such term does not mean or include

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labor or overhead for assembling or producing samples from finished carpet and does not mean or include outbound freight charges which may be charged to the expense account for carpet samples. (ii) For purposes of subparagraph (A) of this paragraph, the fair market value of any carpet sample shall be equal to 21.9 percent of the total raw material cost of the sample, except that the fair market value of a sample of carpet that is manufactured exclusively for commercial use shall be equal to 1 percent of the total raw material cost of the sample.'

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 April27, 2006.

REVENUE- SALES TAX EXEMPTION; QUALIFIED FOOD BANK.
No. 595 (House Bill No. 1301).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide for definitions; 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by adding a new paragraph immediately following paragraph (57), to be designated paragraph (57.1), to read as follows:
'(57 .1 )(A) From July 1, 2006, until June 30, 2008, sales of eligible food and beverages to a qualified food bank. (B) As used in this paragraph, the term:

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(i) 'Eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U .S.C.A. 20 12(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (ii) 'Qualified food bank' means any food bank which is exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) Any person making a sale ofeligible food and beverages for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the eligible food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;'

SECTION 2. This Act shall become effective on July 1, 2006.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved April27, 2006.

ANIMALS- VICIOUS DOGS; MERCEDES' LAW.
No. 596 (House Bill No. 1497).
AN ACT
To amend Chapter 8 of Title 4 ofthe Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 ofTitle 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by adding a new article to the end of the chapter to read as follows:

"ARTICLE 3

4-8-40. This article shall be known and may be cited as the 'Mercedes' Law.'

4-8-41. (a) As used in this article, the term:
( 1) 'Dog control officer' means an individual selected by a local government pursuant to the provisions of sub section (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of Article 2 of this title. (2) 'Local government' means any county or municipality of this state. (3) 'Owner' means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a vicious dog within this state. (4) 'Proper enclosure' means an enclosure for keeping a vicious dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog. (5) 'Severe injury' means any physical injury that results in broken bones, disfiguring lacerations requiring multiple sutures or cosmetic surgery, or a physical injury that results in death. (6) 'Vicious dog' means any dog that:
(A) Inflicts a severe injury on a human being without provocation after the owner has notice that the dog has previously bitten or attacked or endangered the safety of a human being; or (B) Is owned, possessed, kept, harbored, trained, or maintained for the purpose of fighting. Such term shall not include a dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties. A dog shall not be a vicious dog if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

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4-8-42. (a) It is unlawful for an owner of a vicious dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a leash and is under the physical restraint of a responsible person. (b) A vicious dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog control officer if the:
(I) Vicious dog is not maintained in a proper enclosure; or (2) Vicious dog is outside a proper enclosure in violation of subsection (a) of this Code section. (c) Any dog that has been confiscated under the provisions of subsection (b) of this Code section shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within 40 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.

4-8-43. (a) The owner of a vicious dog who violates Code Section 4-8-42 shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $300.00 shall be imposed and for a third or subsequent conviction a fine of not less than $500.00 shall be imposed. (b) If an owner who has a previous conviction for a violation of this article knowingly and willfully fails to comply with the provisions of this article, such owner shall be guilty of a misdemeanor of high and aggravated nature if the owner's vicious dog attacks, bites, causes severe injury, or causes the death of a human being under circumstances constituting another violation of this article. (c) In addition to the penalties for violations under subsection (b) of this Code section, the vicious dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and thereafter, the vicious dog shall be destroyed in an expeditious and humane manner.

4-8-44. (a) The provisions of this article are in addition to and supplementary of any previously existing laws of this state and shall not be construed to repeal or supersede such previously existing laws. . (b) It is the intention of this article to establish as state law minimum standards and requirements for the control of vicious dogs and to provide for certain state crimes for violations of such minimum standards and requirements. However, this article shall not supersede or invalidate existing ordinances or resolutions of local governments or prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control of dogs,

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including a more restrictive definition of a vicious dog, than the minimum standards and requirements provided for in this article.

4-8-45. Under no circumstances shall a local government or any employee or official of a local government which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as a vicious dog or by a dog that has been reported to the proper authorities as being a vicious dog or by a dog which has been identified as a vicious dog but has not been kept or restrained in the manner described in subsection (a) of Code Section 4-8-42.'

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

Approved April27, 2006.

PROFESSIONS- PHYSICIAN'S ASSISTANTS; RENDER ASSISTANCE; EMERGENCIES.
No. 597 (House Bill No. 873 ).
AN ACT
To amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, so as to allow physician's assistants to render assistance during a state of emergency or public health emergency; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, is amended by adding a new subsection (i) to Code Section 43-34-103, relating to the duties and scope of employment of physician's assistants, to read as follows:
'(i)(l) Notwithstanding any provision of this article to the contrary, a physician's assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to practice in any other state or federal jurisdiction and whose license, certification, or authorization is in good standing who responds to a need for medical care created by conditions which characterize those of a state of emergency or public health emergency may render such care that the

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physician's assistant is able to provide with such supervision as is available at the immediate scene or at the local site where such need for medical care exists or at a relief site established as part of a state or local safety plan established pursuant to Chapter 3 of Title 38, Such services shall be provided by a physician's assistant in response to the request of an appropriate state or local official implementing a state or local emergency management plan or program, and in accordance with applicable guidelines established by such officials or plans. The authority granted by this Code section shall last no longer than 48 hours or such time as the board may establish under guidelines for supervision of the physician's assistant rendering medical care. (2) For the purposes of this subsection, the term 'public health emergency' has the same meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of emergency' has the same meaning as in paragraph (7) of Code Section 38-3-3."

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 April27, 2006,

PROFESSIONS- PHYSICIAN'S ASSISTANTS; PROFESSIONAL SAMPLES.
No, 598 (House Bill No. 832),
AN ACT
To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's assistants, so as to provide for actions of such assistants with regard to professional samples; 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 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's assistants, is amended by adding after subsection (e.l) 8 new subsection to read as follows:

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'(e.2) A physician's assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section; provided, however, the office or facility at which the physician's assistant is working must maintain a list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician's assistant as well as a complete list of the specific number and dosage of each professional sample received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal law and regulations. As used in this subsection, the term 'professional samples' means complimentary doses ofa drug, medication vouchers, or medical devices provided by the manufacturer for use in patient care.'

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

Approved April27, 2006.

CRIMES- TORTS; ATTACKED PERSONS; NO DUTY TO RETREAT; USE OF FORCE.
No. 599 (Senate Bill No. 396).
AN ACT
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for civil immunity; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, so as to provide for civil immunity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, is amended by inserting immediately following Code Section 16-3-23 a new Code section to read as follows:

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'16-3-23.1. A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.'

SECTION 2. Said article is further amended by striking in its entirety Code Section 16-3-24.2, relating to immunity from prosecution and exception, and inserting in lieu thereof the following:
"16-3-24.2. A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.'

SECTION 3. Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, is amended by striking in its entirety Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of a habitation, and inserting in lieu thereof the following:
"51-11-9. A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.'

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

Approved April27, 2006.

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479

EDUCATION; INTERNET SAFETY POLICIES IN SCHOOLS AND LIBRARIES.

No. 600 (House Bill No. 1055).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Child Internet Protection Act."

SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous provisions relative to the "Quality Basic Education Act," by inserting a new Code section to be designated Code Section 20-2-324 to read as follows:
'20-2-324. (a) As used in this Code section, the term:
(1) 'Acceptable-use policy' means a policy for Internet usage adopted by a local board of education that meets the requirements of this Code section. (2) 'Child pornography' means any computer depiction or other material depicting a child under the age of 18 years engaging in sexually explicit conduct or in the simulation of such conduct. (3) 'Harmful to minors' has the meaning given to such term in Code Section 16-12-100.1. (4) 'Internet' means a global network that connects computers via telephone lines, fiber networks, or both to electronic information. (5) 'Obscene' has the meaning given to such term in Code Section 16-12-80. (6) 'Sexually explicit conduct' has the meaning given to such term in Code Section 16-12-100. (b) No later than January 1, 2007, each local board of education shall adopt an acceptable-use policy for its school system. At a minimum, an acceptable-use policy shall contain provisions which are reasonably designed to: (1) Prevent students and employees of the school system from using any computer equipment and communication services owned or leased by the school system for sending, receiving, viewing, or downloading visual depictions of obscenity, child pornography, or material that is harmful to minors;

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(2) Establish appropriate measures to be taken against students and school employees who willfully violate the acceptable-use policy; and (3) Provide for expedited review and resolution of a claim that the policy is denying a student or school employee access to material that is not within the prohibition of the acceptable-use policy. (c) A local board of education shall take such steps as it deems appropriate to implement and enforce the acceptable-use policy, which shall include, but not be limited to: (1) Use of software programs reasonably designed to block access to visual depictions of obscenity, child pornography, and material that is harmful to minors; or (2) Selection of online servers that block access to visual depictions of obscenity, child pornography, and material that is harmful to minors. (d) Each local school system shall provide, upon written request of a parent or guardian, a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section. (e) The Attorney General and the department shall consult with and assist any local board of education in the development and implementation of an acceptable-use policy pursuant to this Code section. (f)( 1) No later than January 31, 2007, each local board of education shall submit a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section to the State Board of Education. Such submission shall also include the identification of any software program or online server that is being utilized to block access to material in accordance with subsection (c) of this Code section. (2) The State Board of Education shall review each acceptable-use policy and any subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the state board determines after review that a policy or revision is not reasonably designed to achieve the requirements of this Code section, the state board shall provide written notice to the local board of education explaining the nature of such noncompliance and the local board of education shall have 3 0 days from the receipt of written notice to correct such noncompliance. The state board may provide an extension to the 30 day period on a showing of good cause. (3) No revision of an acceptable-use policy which has been approved by the state board pursuant to paragraph (2) of this subsection shall be implemented until such revision is approved by the state board. If the state board fails to disapprove the revision within 60 days after the submission is received, the local board ofeducation may proceed with the implementation of the revision. (4) The state board shall be authorized to withhold a portion of state funding to a local school system if the local board of education:
(A) Fails to timely submit an acceptable-use policy in accordance with paragraph (1) of this subsection; (B) Submits an acceptable-use policy that is not reasonably designed to achieve the requirements of this Code section; or

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(C) Is not enforcing or is substantially disregarding its acceptable-use policy. (5) If the state board disapproves an acceptable-use policy of a local board of education or any revision thereof or notifies the local board of education that it is subject to the withholding of funding pursuant to paragraph (4) of this subsection, the local board of education may appeal the decision to the superior court of the county where the local board of education is situated. (g)(l) The state board shall be responsible for conducting investigations and making written determinations as to whether a local board of education has violated the requirements of this Code section. (2) If the state board determines that a local board of education is in violation of the requirements of this Code section, it shall direct the local board of education to acknowledge and correct the violation within 30 days and to develop a corrective plan for preventing future recurrences. (h)(l) Notwithstanding any other provision of this Code section to the contrary, an administrator or supervisor of a local school system, or designee thereof, may disable the software program or online server that is being utilized to block access to material for an adult or for a minor who provides written consent from his or her parent or guardian to enable access to the Internet for bona fide research or other lawful purpose. (2) Nothing in paragraph (l) of this subsection shall be construed to permit any person to have access to material the character of which is illegal under federal or state law. (i) A local board of education which is fulfilling the requirements of the federal Children's Internet Protection Act, P .L. l 06-554, is not required to comply with this Code section:

SECTION 3. Said title is further amended in Article 1 of Chapter 5, relating to state public library activities, by inserting a new Code section to be designated Code Section 20-5-5 to read as follows:
'20-5-5. (a) As used in this Code section, the term:
(1) 'Acceptable-use policy' means a policy for Internet usage adopted by the governing board of a public library that meets the requirements of this Code section. (2) 'Child pornography' means any computer depiction or other material depicting a child under the age of 18 years engaging in sexually explicit conduct or in the simulation of such conduct. (3) 'Harmful to minors' has the meaning given to such term in Code Section 16-12-100.1. (4) 'Internet' means a global network that connects computers via telephone lines, fiber networks, or both to electronic information. (5) 'Obscene' has the meaning given to such term in Code Section 16-12-80.

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(6) 'Sexually explicit conduct' has the meaning given to such term in Code Section 16-12-100. (b) No later than January I, 2007, the governing body of each public library shall adopt an acceptable-use policy for its public library system. At a minimum, an acceptable-use policy shall contain provisions which are reasonably designed to: ( 1) Prevent library patrons, including those patrons under 18 years of age and library employees from using any computer equipment and communication services owned or leased by the public library for sending, receiving, viewing, or downloading visual depictions of obscenity, child pornography, or material that is harmful to minors; and (2) Establish appropriate measures to be taken against library patrons and employees who willfully violate the acceptable-use policy. (c) A public library shall take such steps as it deems appropriate to implement and enforce the acceptable-use policy, which shall include, but not be limited to: (1) Use of software programs reasonably designed to block access to visual depictions of obscenity, child pornography, and material that is harmful to minors; or (2) Selection of online servers that block access to visual depictions of obscenity, child pornography, and material that is harmful to minors. (d) A public library shall not be subject to civil liability for damages to any person as a result of the failure of any approved software program or approved online server to block access to visual depictions ofobscenity, child pornography, and material that is harmful to minors. Nothing in this Code section shall be deemed to abrogate or lessen any immunity or other protection against liability accorded to public libraries under an existing law or court decision. (e) The Attorney General and the board of regents shall consult with and assist any public library in the development and implementation of an acceptable-use policy pursuant to this Code section. (f)(l) No later than January 31, 2007, each public library shall submit a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section to the board of regents. Such submission shall also include the identification of any software program or online server that is being utilized to block access to material in accordance with subsection (c) of this Code section. (2) The board of regents shall review each acceptable-use policy and any subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the board of regents determines after review that a policy or revision is not reasonably designed to achieve the requirements of this Code section, the board of regents shall provide written notice to the public library explaining the nature of such noncompliance and the public library shall have 30 days from the receipt of written notice to correct such noncompliance. The board of regents may provide an extension to the 30 day period on a showing of good cause. (3) No revision of an acceptable-use policy which has been approved by the board of regents pursuant to paragraph (2) of this subsection shall be implemented until such revision is approved by the board of regents. If the

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board of regents fails to disapprove the revision within 60 days after the submission is received, the public library may proceed with the implementation of the revision. (4) The board of regents shall be authorized to withhold a portion of state funding to a public library if the public library:
(A) Fails to timely submit an acceptable-use policy in accordance with paragraph (l) of this subsection; (B) Submits an acceptable-use policy that is not reasonably designed to achieve the requirements ofthis Code section; or (C) Is not enforcing or is substantially disregarding its acceptable-use policy. (5) If the board of regents disapproves an acceptable-use policy of a public library or any revision thereof or notifies the public library that it is subject to the withholding of funding pursuant to paragraph (4) of this subsection, the public library may appeal the decision to the superior court of the county where the public library is situated. (g)(l) The board of regents shall be responsible for conducting investigations and making written determinations as to whether a public library has violated the requirements of this Code section. (2) If the board of regents determines that a public library is in violation of the requirements of this Code section, it shall direct the public library to acknowledge and correct the violation within 30 days and to develop a corrective plan for preventing future recurrences. (h)(l) Notwithstanding any other provision of this Code section to the contrary, an administrator or supervisor of a pub lie library, or designee thereof, may disable the software program or online server that is being utilized to block access to material for an adult or for a minor who provides written consent from his or her parent or guardian to enable access to the Internet for bona fide research or other lawful purpose. (2) Nothing in paragraph (1) of this subsection shall be construed to permit any person to have access to material the character of which is illegal under federal or state law. (i) A public library which is fulfilling the requirements of the federal Children's Internet Protection Act, P.L. 106-554, is not required to comply with this Code section.'

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

Approved April27, 2006.

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GENERAL PROVISIONS- PRISON CHAPLAINS APPRECIATION DAY.

No. 601 (House Bill No. 1292).

AN ACT

To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes.

WHEREAS, studies prove chaplaincy and faith based programs have the strongest capacity for redeeming, rehabilitating, and successfully moving inmates back into society; and

WHEREAS, with over 50,000 incarcerated, Georgia leads the nation in the percentage of its population in prison; and

WHEREAS, Georgia s state and county prisons are served by dedicated prison chaplains who bring hope into very difficult circumstances; and

WHEREAS, Georgia prison chaplains are asked to meet the spiritual and physical needs of thousands of inmates and staff with very limited resources; and

WHEREAS, chaplains positively impact inmate behavior and reduce recidivism rates, thereby contributing to the safety and well-being of Georgia.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code Section 1-4-16 to read as follows:
'1-4-16. The fourth Monday in March of each year is designated and shall be observed as 'Prison Chaplains Appreciation Day' in all state and private correctional institutions in Georgia.'

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

Approved April27, 2006.

GEORGIA LAWS 2006 SESSION

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DOMESTIC RELATIONS; CHILD ABUSE REPORTING.

No. 602 (Senate Bill No. 442).

AN ACT

To amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, is amended by striking paragraph (2) of subsection (c) and subsection (e) of Code Section 19-7-5, relating to reporting of child abuse, and inserting in lieu thereof the following:
'(2) If a person is required to report abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, schoo~ social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, modification, or make other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the repore '(e) An oral report shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and followed by a report in writing, ifrequested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child s parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any

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evidence ofprevious injuries, and any other information that the reporting person believes might be helpful in establishing the cause ofthe injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child s parent or guardian. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority.'

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 April27, 2006.

COMMERCE -USE OR DISPLAY OF SOCIAL SECURITY NUMBERS.
No. 603 (Senate Bill No. 588).
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, is amended by inserting a new Code Section 10-1-393.8, immediately following Code Section 10-1-393.7, relating to solicitations during final illness, to read as follows:
'10-1-393.8. (a) Except as otherwise provided in this Code section, a person, firm, or corporation shall not:

GEORGIA LAWS 2006 SESSION

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(1) Publicly post or publicly display in any manner an individual's social security number. As used in this Code section, 'publicly post' or 'publicly display' means to intentionally communicate or otherwise make available to the general public; (2) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; or (3) Require an individual to use his or her social security number to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the Internet website. (b) This Code section shall not apply to: ( 1) The collection, release, or use of an individual's social security number as required by state or federal law; (2) The inclusion of an individual's social security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile:
(A) As part of an application or enrollment process; (B) To establish, amend, or terminate an account, contract, or policy; or (C) To confirm the accuracy of the individual's social security number; (3) The use of an individual's social security number for internal verification or administrative purposes; or (4) An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's social security number. (c) This Code section shall not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or to affirmatively seek evidence of the transmission of social security numbers on its service. (d) Notwithstanding the provisions of this Code section, the clerks of superior court ofthis state and the Georgia Superior Court Clerks' Cooperative Authority shall be held harmless for filing, publicly posting, or publicly displaying any document containing an individual's social security number that the clerk is otherwise required by law to file, publicly post, or publicly display for public inspection:

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April27, 2006.

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EDUCATION- CHARTER SCHOOLS; COMPUTER AND INTERNET BASED INSTRUCTION.

No. 604 (Senate Bill No. 61 0).

AN ACT

To amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing shaH preclude the use of computer and Internet based instruction for students in a virtual or remote setting; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, is amended by striking subsection (b) and inserting in lieu thereof the following:
'(b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school shall be:
( 1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state;

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(8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July I, 2000; (9) Subject to all reporting requirements ofCode Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and ( 11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection:

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

Approved April27, 2006.

DEDICATE HIGHWAYS, BYPASSES, AND INTERCHANGES.
No. 605 (House Resolution No. 1302).
A RESOLUTION
To dedicate certain portions of the state highway system; to provide for related matters; to repeal conflicting laws; and for other purposes.
PART I WHEREAS, news of the passing of Stephen J. Schmidt, Sr., was received by members of the Oglethorpe University community with much sorrow; and
WHEREAS, during World War II he was a B-29 pilot in the Pacific theater where he flew 15 missions and named his plane the "Stormy Petrel"; and
WHEREAS, he owned Dixie Seal & Stamp Company; was a stockholder in the Atlanta Crackers and a founding member of the Braves 400 Club; and was inducted into the Georgia Sports Hall of Fame in 1992; and
WHEREAS, he was a member of the Oglethorpe University class of 1940 and was a loyal alumnus, Trustee Emeritus, and true friend to the 0 glethorpe University Community; and
WHEREAS, he and his wife, Jeanne Fuller Schmidt, class of 1942, had been an integral part of the university for over 65 years; and

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WHEREAS, Steve became an Oglethorpe Trustee in 1963 and served as chair from 1970 until 1989, and he was awarded an honorary doctorate in 1986; and

WHEREAS, visible reminders of the Schmidt family's great contributions to Oglethorpe University include the Schmidt Residence Hall, the Schmidt Center, and the Schmidt Endowed Scholarship; and

WHEREAS, Stephen J. Schmidt, Sr., was known as "Mr. Oglethorpe" and it is only fitting and proper that this man of vision and significance be honored by dedicating a portion of the highway bordering his beloved university in his honor.

PART II WHEREAS, James M. Cannon, Sr., served with dedication on the City Council of Leesburg, Georgia, for many years; and

WHEREAS, he was a member of the Board of Directors of First State Bank of Leesburg; and

WHEREAS, he was a sheriff's deputy for many years when he was a younger man in Lee County, Georgia; and

WHEREAS, James M. Cannon, Sr., owned and operated a service station in the City of Leesburg for many years; and

WHEREAS, his family owned and operated a peanut mill in Leesburg for many years; and

WHEREAS, he was raised in Leesburg and lived in Leesburg his entire life; and

WHEREAS, the current U.S. Highway 19 Bypass is constructed on a portion of James M. Cannon, Sr.'s, father's farm; and

WHEREAS, James M. Cannon, Sr., was a dedicated family man, church man, councilman, businessman, and friend to the City of Leesburg and it is only fitting that the U.S. Highway 19 Bypass be named in his memory.

PART III WHEREAS, Henry L. Howard was one of the best known and most respected businessmen and elected officials in the City of Augusta; and

WHEREAS, he was elected to the Richmond County Board of Commissioners in 1985 and served as the chairman in 1987; and

WHEREAS, he implemented the Richmond County Employee Incentive Program and the observance of the Martin Luther King, Jr. Day for county employees; and

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WHEREAS, Henry L. Howard was elected to the Georgia State Legislature in 1990 and served through 2005; and

WHEREAS, he was the recipient of honors which included the appointment by Governor Joe Frank Harris as Lieutenant Colonel, Aide de Camp Governor's Staff in 1985, "Advocate of the Year Award" presented by the CSRA Business League in 1987, the "Outstanding Citizen's Award" presented by the Georgia Association ofBeauty Culturist in 1987, and the award for the "Regional Minority Advocate of the Year" by the Minority Business Development Agency; and

WHEREAS, Henry L. Howard was a legend that has left us with an example of a life well lived as a public servant and it is only fitting that an important highway interchange should be named in his honor.

PART IV WHEREAS, in 1956 the Georgia Department ofTransportation hired a 25 year-old man named Theodore S. McKenzie; and

WHEREAS, this young man began as a project engineer trainee and ended up, 30 years later, retiring from the Georgia Department of Transportation with honors, receiving numerous plaques and declarations of commendation; and

WHEREAS, Ted McKenzie, after his retirement from the Georgia Department of Transportation, continued to work as a member of advisory teams representing the United States Federal Highway Administration, the United States Department of Transportation, and the United Nations, providing technical assistance to the highway departments in a number of countries around the world; and

WHEREAS, Ted McKenzie has not only served his country and the State of Georgia but has specifically served Glynn County in many ways, including, for example, acting in direct charge of numerous grading, base, and paving projects as well as overseeing bridge projects over the Turtle River and the South Brunswick River Basin, in which the foundations included the first 54" arid 36" diameter cylindrical pile ever used in Georgia.

PARTY WHEREAS, Mr. Jack Wingate has lived a life most people can only dream of, making a living in the sport he dearly loves, as fishing guide; and

WHEREAS, since 1957, he has owned and operated a fish camp located on Lake Seminole, a camp which has gained national recognition among the best fishermen in the country as "Lunker Lodge," so named because of the phenomenal successes they have recognized during their stays there, thanks in part to Mr. Wingate's legendary abilities as a guide; and

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WHEREAS, Mr. Wingate has almost singlehandedly been responsible for garnering for Lake Seminole a national reputation as one of the country's premier fishing and hunting locations, and as a result, thousands of sportsmen visit Georgia each year to fish and hunt at Lake Seminole, contributing greatly to the state and local economy; and

WHEREAS, he has always been eager to use his tremendous talent as a fishing guide to help others, and he established a camp for young people which over the past 26 years has given hundreds of Georgia's youth a quality fishing experience and has started many on a lifetime of enjoying the sport; and

WHEREAS, in recognition of his ability and his service to his fellow citizens, Mr. Wingate has been indtlcted into the National Freshwater Fishing Hall of Fame as a Legendary Guide.

PART VI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of SR 141 from its intersection with Hermance Drive to its intersection with Lanier Drive in DeKalb County is dedicated as the Stephen J. Schmidt, Sr., Memorial Highway.

BE IT FURTHER RESOLVED that the Leesburg U.S. Highway 19 Bypass is dedicated as the James M. Cannon, Sr., Memorial Bypass.

BE IT FURTHER RESOLVED that the interchange at Dean's Bridge Road and the Bobby Jones Expressway (I-520) in Augusta/Richmond County is dedicated as the Henry L. Howard Memorial Interchange.

BE IT FURTHER RESOLVED that the Interchange ofl-95 and U.S. Highway 341 in Glynn County is dedicated as the Ted McKenzie Interchange.

BE IT FURTHER RESOLVED that the portion of State Road 97 in Decatur County from the U.S. Highway 84 bypass southward to the Florida state line is dedicated as the Jack Wingate Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, Jeanne Fuller Schmidt, the family of James M. Cannon, Sr., the family of Henry L. Howard, Mr. Theodore S. McKenzie, and Mr. Jack Wingate.

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Approved April27, 2006.

CRIMES- PUBLIC TRANSPORTATION; FARES.
No. 606 (House Bill No. 954).
AN ACT
To amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to provide for circumstances under which it is unlawful to alter a public transportation fare medium or enter buses, rail vehicles, or stations without payment of the proper fare to the public transportation provider; 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 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, is amended by striking in its entirety Code Section 16-12-120.1, relating to altered fare coins, notes, tokens, transfers, and transaction cards and the sale or exchange of tokens, transfers, transaction cards, or tickets without consent, and inserting in lieu thereof the following:
'16-12-120.1. A person who commits or attempts to commit any of the following acts shall be guilty of a misdemeanor if such person:
(1) Sells, makes, or possesses any coin, token, stored value card, transfer, transaction card, ticket, or any other fare medium which has been altered from its original condition contrary to its intended use to enter or gain entry into or on any bus, rail vehicle, or station; (2) Sells or exchanges any token, stored value card, transfer, transaction card, ticket, fare medium, or similar article which was obtained by fraudulent or illegal means and which is used or to be used as payment for entry into or on any bus, rail vehicle, or terminal without the express consent of the public transit agency owning or operating such vehicles or stations; (3) Offers entry or provides entry into or on any bus, rapid rail car, or station to any person without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; (4) Gains entry into or on any bus, rapid rail car, or station without the payment of the proper fare; or (5) Gains entry into or on any bus, rapid rail car, or station through the use of a coin, token, transfer, transaction card, ticket, or any other fare medium which

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is the property of another person when the use of such medium is limited by its terms to a single user. This paragraph shall not apply to stored value cards or similar fare media which deduct the cost ofthe fare from the value stored on the card or other fare medium each time such card or other fare medium is used.'

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 April27, 2006.

CIVIL PRACTICE- HEALTH- HEALTH RECORDS; DISCLOSURE.
No. 608 (House Bill No. 912).
AN ACT
To amend Titles 9 and 31 of the Official Code of Georgia Annotated, relating to civil practice and health, respectively, so as to change certain provisions relating to civil procedure and discovery; to provide for production of certain documents including health records; to change certain provisions relating to applicability to nonparties; to provide that when a nonparty is not served with an objection and the nonparty produces records, the nonparty shall be immune from regulatory, civil, or criminal liability for disclosing confidential information; to change certain provisions relating to confidentiality; to change certain provisions relating to furnishing a copy of records to patient, provider, or other authorized person; to provide for compliance with the federal Health Insurance Portability and Accountability Act of 1996; to provide for a time period in which records shall be produced in response to a valid request; 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 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-150, relating to continuances for legislators and legislative staff, and inserting in its place a new Code section to read as follows:

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'9-10-150. A member of the General Assembly who is a party to or the attorney for a party to a case, or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore ofthe House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of either the Senate or the House of Representatives who is the lead counsel for a party to a case pending in any trial or appellate court or before any administrative agency of this state, shall be granted a continuance and stay ofthe case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly and during the first three weeks following any recess or adjournment including an adjournment sine die of any regular or extraordinary session. A continuance and stay shall also be granted for such other times as the member of the General Assembly or staff member certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered:

SECTION 2. Said Title 9 is further amended in Code Section 9-11-34, relating to production of documents and things and entry upon land for inspection and other purposes, by striking subsections (c) and (d) and inserting in lieu thereof the following:
'(c) Applicability to nonparties. (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. The party making a request under this Code section shall, upon request from any other party to the action, make all reasonable efforts to cause all information produced in response to the nonparty request to be made available to all parties. A reasonable document copying charge may be required.

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(2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person's counsel, and upon all other parties of record in compliance with Code Section 9-11-5; where such a request to a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, ifknown, that person's counsel by certified mail or statutory overnight delivery, return receipt requested, and upon all parties of record in compliance with Code Section 9-11-5; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending within 20 days of service of the request and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-3 7 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within 20 days of service ofthe request, the nonparty to whom the request is directed shall promptly comply therewith. (3) For any discovery requested from a nonparty pursuant to paragraph (2) of this subsection or a subpoena requesting records from a nonparty pursuant to Code Section 9-11-45, when the nonparty to whom the discovery request is made is not served with an objection and the nonparty produces the requested records, the nonparty shall be immune from regulatory, civil, or criminal liability or damages notwithstanding that the produced documents contained confidential or privileged information. (d) Confidentiality. The provisions ofthis Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness treatment records, 37-4-125 concerning mental retardation treatment records, 37-7-166 concerning alcohol and drug treatment records, 24-9-40.1 concerning the confidential nature ofAIDS information, and 24-9-47 concerning the disclosure of AIDS information; provided, however, that a person's failure to object to the production of documents as set forth in paragraph (2) of subsection (c) of this Code section shall waive any right ofrecovery for damages as to the nonparty for disclosure of the requested documents.'

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SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsections (a) and (b) of Code Section 31-33-2, relating to furnishing a copy of records to patient, provider, or other authorized person, and inserting in their place the following:
'(a)(l)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patient's record shall retain such item for a period of not less than ten years from the date such item was created. (B) The requirements of subparagraph (A) of this paragraph shall not apply to:
(i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patient's record or copies thereof to another provider of the patient's choice and, if the patient so requests, to the patient; or (ii) A hospital which is an institution as defined in subparagraph (B) of paragraph ( 1) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2. (2) Upon written request from the patient or a person authorized to have access to the patient's record under a health care power of attorney for such patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by the following persons: (A) The executor, administrator, or temporary administrator for the decedent's estate if such person has been appointed; (B) If an executor, administrator, or temporary administrator for the decedent's estate has not been appointed, by the surviving spouse; (C) If there is no surviving spouse, by any surviving child; (D) If there is no surviving child, any parent. (b) Any record requested under subsection (a) of this Code section shall, within 30 days of the receipt of a request for records be furnished to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patient's or deceased patient's medical records, or any other person designated by the patient. Such record request shall be accompanied by: ( 1) An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations implementing such act; and (2) A signed written authorization as specified in subsection (d) of this Code Section.'

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

Approved April 27, 2006.

HIGHWAYS; COMMUNITY STREETCAR DEVELOPMENT.
No. 609 (Senate Bill No. 150).
AN ACT
To provide a short title; to amend Part 1 ofArticle 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to prohibit issuance of state bonds for funding; to provide for related matters; to provide an effective date; to repeal a specific law; 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 Community Streetcar Development and Revitalization Act."
SECTION 2. Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, is amended by adding immediately following Code Section 32-10-75 a new Code Section 32-10-76 to read as follows:
'32-10-76. (a) As used in this Code section, the term:
(1) 'Local government authority' and 'state' mean the same as under49 U.S.C. Section 5302. (2) 'Public-private project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of the neighborhoods through which it travels and operates at

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lower speeds generally in existing rights of way through mixed traffic, with frequent stops. (b) The authority shall establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private project initiative for the capital, technical, and start-up costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program shall begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end ofeach five-year period, consistent with the provisions of this Code section. (c) The authority will work closely with the formation of a pilot program and 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. (d) The authority shall consider the following factors in its selection of projects that will be implemented by this pilot program: (1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project includes the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project; (5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcarline, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line; (6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels oflocal financial and linking resources commitment; and (8) The project may include, and is encouraged to include, a public-private project initiative and organizational structure or sponsor. (e) The authority will coordinate with all appropriate metropolitan, regional, and municipal planning and development agencies where projects may be pursued and will coordinate with the Georgia Regional Transportation Authority and appropriate local transit agencies in the development, funding, and implementation of various streetcar projects.

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(f) In order to receive grant assistance under this Code section, a sponsor of a project must submit to the authority an application that includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (g) A project for which grant assistance may be provided under this Code section may include streetscaping, signalization modifications, and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering:

SECTION 3. Said part is further amended by adding immediately following Code Section 32-10-76 a new Code Section 32-10-77 to read as follows:
'32-1 0-77. No funding by issuing bonds, any other state funds, or federal funds administered by the Department of Transportation shall be allowed for streetcar projects by any state entity or authority, including, but not limited to, the Department of Transportation or the State Road and Tollway Authority, or any other subsidiary of the state, without specific prior approval by passage of a general Act by the General Assembly.'

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

SECTION 5. This Act specifically repeals Ga. L. 2004, p. 898, Section 2.

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

Approved April27, 2006.

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PROFESSIONS- PHYSICAL THERAPISTS; SERVICES WITHOUT REFERRAL; PATIENT TREATMENT.

No. 610 (House Bill No. 801 ).

AN ACT

To amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to provide for limited circumstances in which physical therapists may provide services without referrals from appropriate licensed practitioners of the healing arts; to provide for circumstances in which physical therapists may treat patients for injuries or conditions that were the subject of prior referrals by appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline oflicensees, and suspension, revocation, or restriction of licenses, is amended in subsection (a) by striking the introductory language and paragraph ( 1) and inserting in lieu thereof the following:
'(a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(I )(A) Implemented or continued a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts; except that a physical therapist may implement a program of physical therapy treatment without consultation with an appropriately licensed practitioner of the healing arts when:
(i) Services are provided for the purpose of fitness, wellness, or prevention that is not related to the treatment of an injury or ailment; or
(ii)(I) The patient was previously diagnosed and received treatment or services for that diagnosis and the patient returns to physical therapy within 60 days of discharge from physical therapy for problems and symptoms that are related to the initial referral to the physical therapist. In such a situation the physical therapist shall notify the original referral source of the return to physical therapy within five business days; and (II) The physical therapist holds a master or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States Department of

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Education and approved by the Georgia State Board of Physical Therapy or the physical therapist has completed at least two years of practical experience as a licensed physical therapist. If after 90 days of initiating physical therapy services the physical therapist determines that no substantial progress has been made with respect to the primary complaints of the patient, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts. Ifat any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of the physical therapist, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts; or (B) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist;'

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

Approved April27, 2006.

GAME AND FISH- DEER HUNTING WITH DOGS.
No. 613 (House Bill No. 1424).
AN ACT
To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relating to hunting, so as to change certain provisions relating to hunting of deer with dogs, seasons, and permits required; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION'!. Part l of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relating to hunting, is amended by striking in its entirety Code Section 27-3-17, relating to the hunting of deer with dogs, seasons, and permits required, and inserting in lieu thereof the following:
"27-3-17. (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for

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the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. (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 I ,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 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. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued. (g) Any person 16 years of age or older, including without limitation any person hunting on his or her own property, who hunts deer with dogs must obtain and possess a deer-dog hunting license in addition to all other required hunting licenses and permits. The license fee for such deer-dog license shall be $5.00 for a one-year period, except that there shall be no charge for any holder of a valid honorary hunting license, sportsman's license, or lifetime sportsman's license issued pursuant to this title. (h) In addition to the provisions of subsection (f) of this Code section, the commissioner may revoke a deer-dog license for any hunter who, within a single hunting season, commits two or more violations of dogs off of permitted property."

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

Approved Apri128, 2006.

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MOTOR VEHICLES- FARMERS TOWING VEHICLES; OPERATION; RIGHT OF WAY VIOLATIONS.

No. 614 (House Bill No. 1392).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of vehicles that may be operated under noncommercial Class C driver's license relative to farmers towing vehicles hauling agricultural products, livestock, farm machinery, or farm supplies; to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer transporting vehicles hauling agricultural products, livestock, farm machinery, or farm products; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-23, relating to classes of licenses, by striking subsection (c) and inserting in lieu thereof the following:
n(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:
Class A- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C; Class B - Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class
c'
Class C- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to

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or from a farm, and are not used in the operations of a common or contract carrier; Class D- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class M- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P- Instructional permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license."

SECTION 2. Said title is further amended by adding a new Code Section 40-6-7 7 to read as follows:
'40-6-77. Any person who causes a serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies by committing any right of way violation under this chapter when such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 in addition to any other penalties stipulated by law. For purposes of this Code section, serious injury shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.'

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

Approved April 28, 2006.

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BUILDINGS- FIRE PROTECTION-PRIVATE PROFESSIONAL PROVIDERS; BUILDING PLAN REVIEWS AND INSPECTIONS.

No. 615 (House Bill No. 1385).

AN ACT

To amend Part 2 of Article I of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to provide for exceptions; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, state inspector, or designated code official cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; 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. Part 2 of Article I of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, is amended by striking subsection (g) of Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(l) If a governing authority of a county or municipality cannot provide review of the documents intended to demonstrate that the structure to be built is in compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locallY

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adopted ordinances and amendments to such codes within 30 business days of receiving a written application for permitting in accordance with the code official's plan submittal process or inspection services within two business days of receiving a valid written request for inspection, then, in lieu of plan review or inspection by personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review or inspection shall have the option ofretaining, at its own expense, a private professional provider to provide the required plan review or inspection. As used in this subsection, the term 'private professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed or inspected. The local governing authority shall advise the permit applicant in writing if requested by the applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the local governing authority intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the local governing authority may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, ifthe local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, and does not permit the applicant to use the services of a private professional provider and the local governing authority fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit. The local governing authority shall be allowed to limit the scope of a project initiation permit and limit the areas of the site to which the project initiation permit may apply but shall permit the applicant to begin work on the project, provided that portion ofthe initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the governing authority shall have an additional 20 business days to complete the review and issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by

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subparagraphs (C) through (E) of paragraph (7) of this subsection. On or before July 1, 2007, the Board of Natural Resources shall adopt rules and regulations governing the review of erosion and sedimentation control plans under Part 9 of Chapter 7 of Title 12 to establish appropriate time frames for the submission and review of revised plan submittals where a deficiency or deficiencies in the submitted plans have been identified by the governing authority. (2) Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by county or municipal personnel. (3) The person, firm, or corporation retaining a private professional provider to conduct a plan review or an inspection shall be required to pay to the county or municipality which requires the plan review or inspection the same regulatory fees and charges which would have been required had the plan review or inspection been conducted by a county or municipal inspector. (4) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes. Upon determining that the plans reviewed comply with the applicable codes, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care:
(A) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection; (B) The plans comply with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; and (C) The plans submitted for plan review are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process and do not make a change to the project reviewed for such approvals. (5) All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement

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agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system ofregistration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (6) The private professional provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such private professional provider's area of competency. Nothing in this Code section shall authorize any private professional provider to issue a certificate of occupancy. Only a local governing authority shall be authorized to issue a certificate of occupancy.
(7)(A) The permit applicant shall submit a copy of the private professional provider's plan review report to the county or municipality. Such plan review report shall include at a minimum all of the following:
(i) The affidavit of the private professional provider required pursuant to this subsection; (ii) The applicable fees; and (iii) Any documents required by the local official and any other documents necessary to determine that the permit applicant has secured all other governmental approvals required by law. (B) No more than 30 business days after receipt of a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes, as well as the specific code chapters and sections. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next business day. (C) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution ofthe matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies. (D) Ifthe permit applicant submits revisions to address the plan deficiencies previously identified, the local building official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the local building official does not

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provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day. In the event that the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall be required to obtain such approvals before a new plan report can be submitted. (E) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. (8) Upon submission by the private professional provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the private professional provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the private professional provider, within two business days after the submission ofthe inspection report, that it finds the report incomplete or the inspection inadequate and has provided the private professional provider with a written description ofthe deficiencies and specific code requirements that have not been adequately addressed. (9) A local governing authority may provide for the prequalification of private professional providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider's expertise with respect to the objectives of this subsection, as demonstrated by the private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority. ( 10) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. ( 11) This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes,jails,penal institutions, airports, buildings or structures

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that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code; provided, however, that interior tenant build-out projects within high-rise buildings are not exempt from this subsection. (12) Ifthe local building official determines that the building construction or plans do not comply with the applicable codes, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law, after giving notice to the owner, the architect of record, the engineer of record, or the contractor of record and by posting a copy of the order on the site of the project and opportunity to remedy the violation within the time limits set forth in the notice, if the official determines noncompliance with state or local laws, codes, or ordinances, provided that:
(A) The local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (B) If the local building official and the private professional provider are unable to resolve the dispute or meet within the time required by this Code section, the matter shall be referred to the local enforcement agency's board of appeals, if one exists, which shall consider the matter not later than its next scheduled meeting. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. The Department of Community Affairs shall develop rules and regulations which shall establish reasonable time frames and fees to carry out the provisions of this paragraph. ( 13) The local government, the local building official, and local building code enforcement personnel and agents of the local government shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with building code plan review and inspection services by private professional providers as provided in this subsection. (14) No local enforcement agency, local code official, or local government shall adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection. This subsection shall not preempt any local laws, rules, or procedures relating to the plan submittal process of local governing authorities. (15) Nothing in this subsection shall limit the authority of the local code official to issue a stop-work order for a building project or any portion of such project, which may go into effect immediately as provided by law, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. A stop work order issued for reasons of immediate threat to public safety and welfare shall be appealable to the local enforcement agency's

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board of appeals, if one exists, in the manner provided by applicable law. Any decisions by the local official, ifthere is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. (16) When performing building code plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 ofTitle 43, as applicable. Any complaint processing, investigation, and discipline that arise out ofa private professional provider s performance ofbuilding code plan reviews or inspection services shall be conducted by the applicable professional licensing board. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, any local building official may decline to accept building code plan reviews or inspection services submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies. (17) Nothing in this subsection shall apply to inspections exempted in Code Section 8-2-26.1:

SECTION 2. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by striking subsection (a) of Code Section 25-2-14, relating to requirement, issuance, etc., of building permits and certificates of occupancy for buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection {a) to read as follows:
'(a)(!) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner.
(2)(A) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official cannot provide plan review within 30 business days of receiving a written application for permitting in accordance with the code official's plan submittal process, then, in lieu of plan review by personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review, regardless if the plan review is required by subsection (a) of this Code

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section or by local county or municipal ordinance, shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review. As used in this paragraph, the term 'private professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed. (B) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall advise the permit applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the state fire marshal, the proper local fire marshal, state inspector, or designated code official intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official and does not permit the applicant to use the services of a private professional provider and the state fire marshal, the proper local fire marshal, state inspector, or designated code official fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the applicant a project initiation permit to allow the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional 20 business days to complete the review and

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issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmitta1 shall be governed by divisions (2)(H)(iii) through (2)(H)(v) of this subsection. (C) Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by state, county, or municipal personnel responsible for review of plans for compliance with the state's minimum fire safety standards and, where applicable, the state's minimum accessibility standards. (D) The person, firm, or corporation retaining a private professional provider to conduct a plan review shall be required to pay to the state fire marshal, the proper local fire marshal, state inspector, or designated code official which requires the plan review the same regulatory fees and charges which would have been required had the plan review been conducted by the state fire marshal, the proper local fire marshal, state inspector, or designated code official. (E) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. Upon determining that the plans reviewed comply with the applicable codes and standards as adopted, such private professional provider shall prepare an affidavit or affidavits on a form prescribed by the Safety Fire Commissioner certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care:
(i) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage and insurance coverage stipulated in this subsection; and (ii) The plans comply with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the states minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. (F) All private professional providers providing plan review services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $ 1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. The state fire marshal, the proper local fire marshal, state inspector, or designated code official may establish, for private professional providers

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working within their respective jurisdictions specified by this chapter, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (G) The private professional provider shall be empowered to perform any plan review required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official, regardless if the plan review is required by this subsection or by local county or municipal ordinance, provided that the plan review is within the scope of such private professional provider's area of expertise and competency. This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code, provided that interior tenant build-out projects within high-rise buildings are not exempt from this subsection, or plans related to Code Section 25-2-16 or 25-2-17 or Chapter 8, 9, or 10 of this title.
(H)(i) The permit applicant shall submit a copy ofthe private professional provider's plan review report to the state fire marshal, the proper local fire marshal, state inspector, or designated code officiaL Such plan review report shall include at a minimum all of the following:
(I) The affidavit of the private professional provider required pursuant to this subsection; (II) The applicable fees required for permitting; (III) Other documents deemed necessary due to unusual construction or design, smoke removal systems where applicable with engineering analysis, and additional documentation required where performance based code options are used; and (IV) Any documents required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official to determine that the permit applicant has secured all other governmental approvals required by law. (ii) No more than 30 business days after receipt of a permit application and the private professional provider's plan review report required pursuant to this subsection, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes or standards, as well as the specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter oflaw and the permit shall be issued by the state fire marshal, the proper local fire

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marshal, state inspector, or designated code official on the next business day. (iii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the promulgated rules and regulations adopted thereunder, or, where appropriate for existing buildings, the local governing authority's appeals process or the permit applicant may submit revisions to correct the deficiencies. (iv) If the permit applicant submits revisions, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. Ifthe state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide the second written notice within the prescribed time period, the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. (v) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the rules and regulations promulgated thereunder, or, where applicable for existing buildings, the local governing authority's appeals process or the permit applicant may submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. (I) The state fire marshal may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection by rule or regulation authorized in Code Section 25-2-4. In addition, any local fire marshal, state inspector, or designated code official may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection; however, no additional local ordinance implementing prequalification shall become effective until notice of the proper local fire marshal, state inspector, or

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designated code official's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriffs advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider's expertise with respect to the objectives ofthis subsection, as demonstrated by the private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance or state law for plan review personnel currently directly employed by such local governing authority. (J) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (K) Ifthe state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans do not comply with the applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving notice and opportunity to remedy the violation, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that noncompliance exists with state laws, adopted codes or standards, or local ordinances, provided that:
(i) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (ii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agency's board of appeals, except as provided in Code Section 25-2-12 and appeals for those proposed buildings classified under paragraph ( l) of subsection (b) of Code Section 25-2-13 or any existing building under the specific jurisdiction of the state fire marshal's office shall be made to the state fire marshal and further appeal shall be under Code Section 25-2-10. (L) The state fire marshal, the proper local fire marshal, state inspector, local government, designated code official enforcement personne I, or agents of the governing authority shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with

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building plan review services by private professional providers as provided in this subsection. (M) Except as provided in this paragraph, no proper local fire marshal, state inspector, or designated code official shall adopt or enforce any rules, procedures, policies, or standards more stringent than those prescribed in this subsection related to private professional provider services. (N) Nothing in this subsection shall limit the authority of the state fire marshal, the proper local fire marshal, state inspector, or designated code official to issue a stop-work order for a building project or any portion of such project, as provided by law or rule or regulation authorized pursuant to Code Section 25-2-4, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (0) When performing building code plan reviews related to determining compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs, the state's minimum fire safety standards adopted by the safety fire marshal, or the state's minimum accessibility standards pursuant to Chapter 3 of Title 30, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of the adopted building, fire safety, or accessibility codes or standards plan review services shall be conducted by the applicable professional licensing board or as allowed by state rule or regulation. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, the state fire marshal, the proper local fire marshal, state inspector, or designated code official enforcement personnel may decline to accept building plan reviews submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies.'

SECTION 3. This Act shall become effective on January 1, 2007.

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

Approved April28, 2006.

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519

CRIMES- EDUCATION- PUBLIC OFFICERSCRIMINAL STREET GANG ACTNITY; SCHOOL PREMISES; REWARDS.

No. 616 (House Bill No. 1302).

AN ACT

To provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to provide for the Criminal Street Gang Reward Fund administered by the Prosecuting Attorney's Council; to amend Title 20 ofthe Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for disclosure of campus policemen's records; to provide for related matters; to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," is amended by striking in its entirety Code Section 16-15-3, relating to definitions, and inserting in lieu thereof the following:
'16-15-3. As used in this chapter, the term:
(1) 'Criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006:
(A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery;

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(D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities; (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. (2) 'Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph( 1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity."

SECTION 2. Said chapter is further amended by striking in its entirety Code Section 16-15-4, relating to the prohibition against participation in criminal street gang activity, and inserting in lieu thereof the following:
'16-15-4. (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal street gang activity through the commission of any offense enumerated in paragraph ( 1) ofCode Section 16-15-3. (b) It shall be unlawful for any person employed by or associated with a criminal street gang to commit any offense enumerated in paragraph ( 1) of Code Section 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses. (c) It shall be unlawful for any person to commit any offense enumerated in paragraph ( 1) ofCode Section 16-15-3 with the intent to maintain or increase his or her status or position in a criminal street gang.

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(d) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (e) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity. (f) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang. (g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property ofthe other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang.
(iXl) Any person who violates subsection (a), (b), (c), or (d) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than five nor more than 15 years or by a fine of not less than $10,000.00 nor more than $15,000.00, or both. (2) Any person who violates subsection(e) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (f), (g), or (h) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than three nor more than ten years. (j) Any crime committed in violation of this Code section shall be considered a separate offense.'

SECTION 3. Said chapter is further amended by inserting at the end thereof the following:
'16-15-9. The commission of any offense enumerated in paragraph ( 1) of Code Section 16-15-3 by any member ofa criminal street gang shall be admissible in any trial or proceeding for the purpose ofproving the existence ofthe criminal street gang and criminal gang activity.

16-15-10. There shall be established as part of the Prosecuting Attorney's Council the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to $5,000.00

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reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more.'

SECTION 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-1180 and inserting in lieu thereof new subsections (b), (c), and (c. I) to read as follows:
'(b) Any person who: ( 1) Is present upon the premises or within the school safety zone of any public or private school in this state and willfully fails to remove himself or herself from such premises after the principal or designee ofsuch school requests him or her to do so; or (2) Fails to check in at the designated location as required by subsection (c) of this Code section
shall be guilty of a misdemeanor of a high and aggravated nature. (c) Upon entering any school building between the official starting time and the official dismissal time, any person who is not a student at such school, an employee of the school or school system, a school board member, an approved volunteer following the established guidelines of the school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall check in at the designated location as stated on posted signs and provide a reason for his or her presence at the school. (c.l) Subsections (b) and (c) of this Code section shall not apply to:
( 1) Law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance of an emergency call or to other persons making authorized deliveries to the school; (2) Any person entering a school on election day, for purposes of voting, when the school serves as an official polling place; or (3) Any person attending or participating in an academic or athletic event while remaining in the authorized area or a parent, grandparent, or guardian listed on a child's pick-up list who fails to sign-in while delivering school supplies, food, clothing, other legitimate business and who has not previously been sanctioned by school officials for disrupting a school.'

SECTION 5. Said title is further amended by adding a new Code Section 20-8-7 to read as follows:
'20-8-7 0 Law enforcement records created, received, or maintained by campus policemen that relate to the investigation of criminal conduct and crimes as defined under Georgia law and which are not subject to protection from disclosure by any other

GEORGIA LAWS 2006 SESSION

523

Georgia law shall be made available within a reasonable time after request for public inspection and copying."

SECTION 6. Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as
follows: '(b) The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the amount offered by any local governing authority shall not exceed the aggregate amount of $25,000.00."

SECTION 7. This section and Sections 6 and 8 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. The remaining sections of this Act shall become effective on July 1, 2006, and shall apply to all crimes committed on or after such date. Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed.

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

Approved April28, 2006.

REVENUE- SALES TAX EXEMPTION; PUBLIC MASS TRANSIT VEHICLES.
No. 617 (House Bill No. 1244).
AN ACT
To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit buses; to provide for an additional exemption for a limited period of time with respect to certain vehicles operated by a public campus transportation system; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-9-3 of the Official Code ofGeorgia Annotated, relating to the levy of the motor fuel tax, is amended by striking paragraph ( 10) of subsection (b) and inserting in its place a new paragraph (10) to read as follows:
"( 1O)(A) During the period of July 1, 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2006, through June 30,2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers:

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

Approved April 28, 2006.

REVENUE- SALES TAX HOLIDAYS.
No. 618 (House Bill No. 1219).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and
computer related accessories for a limited period of time; to provide for an
exemption from sales and use tax with respect to certain sales of certain energY

GEORGIA LAWS 2006 SESSION

525

efficient products for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking subparagraph (A) of paragraph (75) and inserting in its place a new subparagraph (A), to read as
follows: "(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on August 3, 2006, and concluding at 12:00 Midnight on August 6, 2006."

SECTION 2. Said Code section is further amended by striking subparagraphs (A), (B), and (D) of paragraph (82) and inserting in their place new subparagraphs (A), (B), and (D) to read as follows:
'(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 August 3, 2006, and concluding at 12:00 Midnight on August 6, 2006. (B) For the purposes of this exemption, an energy efficient product is any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, flourescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window, 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.'
"(D) Reserved.'

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 April28, 2006.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE- INCOME TAX; ADJUSTMENTS; SUBCHAPTER "S" CORPORATIONS, PARTNERSHIPS, OR LIMITED LIABILITY COMPANIES.

No. 619 (House Bill No. 1160).

AN ACT

To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended by striking paragraph ( 1) of subsection (d) and inserting in its place a new paragraph (1) to read as follows:
'(d)( 1)(A) As used in this paragraph, the term 'individual' shall mean the same as is defined in Code Section 48-1-2. (B) Georgia resident shareholders of Subchapter'S' corporations may make an adjustment to federal adjusted gross income for Subchapter 'S' corporation income where another state does not recognize a Subchapter'S' corporation. (C) A Georgia individual resident who is a partner in a partnership, who is a member of a limited liability company taxed as a partnership, or who is a single member of a limited liability company which is disregarded for federal income tax purposes may make an adjustment to federal adjusted gross income for the entity's income taxed in another state which imposes on the entity a tax on or measured by income. (D) Adjustments pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such Subchapter "S" corporation, partnership, or limited liability company. In multitiered situations, the adjustment for such individual shall be determined by allocating such income between the shareholders, partners, or members at each tier based upon their profit/loss percentage.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2006.

GEORGIA LAWS 2006 SESSION

527

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

Approved April28, 2006.

REVENUE; SALES TAX EXEMPTION; NATIONAL INFANTRY MUSEUM AND HERITAGE PARK FACILITY.
No. 620 (House Bill No. 1121).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking "or" at the end of paragraph (81), by striking the period at the end ofparagraph (82) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (82) to be designated paragraph (83) to read as follows:
'(83)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2006, until June 30, 2008, sales of tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility. (B) As used in this paragraph, the term 'national infantry museum and heritage park facility' means a museum and park facility which is constructed after the effective date of this paragraph; is dedicated to the history of the American foot soldier; has more than 130,000 square feet of space; and has associated facilities, including, but not limited to, parking, parade grounds, and memorial areas. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter

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GENERAL ACTS AND RESOLUTIONS, VOL. I

issued by the commiSSioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax.'

SECTION 2. This Act shall become effective on July I, 2006.

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

Approved April28, 2006.

HEALTH; SUICIDE PREVENTION PROGRAM.
No. 621 (House Bill No. 1092).
AN ACT
To amend Chapter 2 ofTitle 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new Code section to the end of such chapter to read as follows:
"31-2-9. (a) The General Assembly makes the following findings: (I) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available.

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(b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall:
( 1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; {2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; {6) Develop standardized protocols to be used by the Department ofHuman Resources in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; {8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (I 0) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and ( 11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding.'

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

Approved April28, 2006.

530

GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE; SALES TAX RETURNS; ESTIMATED TAX LIABILITY.

No. 622 (House Bill No. 1120).

AN ACT

To amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' sales and use tax returns, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
'(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $5,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealers monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability.

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

Approved April 28, 2006.

GEORGIA LAWS 2006 SESSION

531

CRIMES- PART-TIME MUNICIPAL AND CITY COURT JUDGES; FIREARMS.

No. 623 (House Bill No. 1044).

AN ACT

To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by striking paragraph ( 12) ofsubsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-12 8, and inserting in its place a new paragraph (12) to read as follows:
'(12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved April28, 2006.

532

GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS; EXTEND SUNSETS FOR PROPERTY FILING FEES AND UNIFORM AUTOMATED INFORMATION SYSTEM.

No. 624 (House Bill No. 989).

AN ACT

To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance ofreal estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking the introductory language to subsections (f) and (f.1) of Code Section 15-6-77, relating to fees and construction of fee provisions, and inserting in lieu thereof the following:
'(f) Until July 1, 2012, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:' '(f.1) On and after July 1, 2012, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:n

SECTION 2. Said article is further amended by striking subsection (c) of Code Section 15-6-97, relating to development and implementation of the state-wide uniform automated information system, and inserting in lieu thereof the following:
'(c) This Code section shall be repealed in its entirety on July 1, 20 12.'

SECTION 3. Said article is further amended by striking subsection (d) of Code Section 15-6-98, relating to collection of fees and remittance ofreal estate or personal property filing fees to the Georgia Superior Court Clerks' Cooperative Authority, and inserting in lieu thereof the following:
'(d) This Code section shall be repealed in its entirety on July 1, 20 12.'

GEORGIA LAWS 2006 SESSION

533

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

Approved April28, 2006.

EDUCATION; EXCUSED ABSENCES TO VISIT WITH PARENT OR GUARDIAN PRIOR TO MILITARY DEPLOYMENT.
No. 625 (House Bill No. 984).
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 for students in elementary and secondary education, so as to provide that a student whose parent or legal guardian is in military service is granted excused absences from school to visit with his or her parent or legal guardian prior to deployment or while on leave; to provide for construction; to provide for related matters; 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 Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended by inserting after Code Section 20-2-692, relating to General Assembly pages granted excused absences, a new Code Section 20-2-692.1 to read as follows:
'20-2-692.1. A student whose parent or legal guardian is in military service in the armed forces of the United States or the National Guard, and such parent or legal guardian has been called to duty for or is on leave from overseas deployment to a combat zone or combat support posting, shall be granted excused absences, up to a maximum of five school days per school year, for the day or days missed from school to visit with his or her parent or legal guardian prior to such parent's or legal guardians deployment or during such parent's or legal guardian's leave. Nothing in this Code section shall be construed to require a local school system to revise any policies relating to maximum number of excused and unexcused absences for any purposes."

534

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved April28, 2006.

EDUCATION; TEACHER CERTIFICATION; COMPUTER SKILL COMPETENCY.
No. 626 (House Bill No. 972).
AN ACT
To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide for methods for compliance with any requirement of the Professional Standards Commission relating to computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, is amended by striking paragraph (4) of subsection (b) and inserting in lieu thereof the following:
"(4) Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the requirement by:
(A) Completing a course in computer skill competency, including but not limited to the phase one InTech model training program; or (B) Receiving satisfactory results on a test in basic computer skill competency. If a certificated educator elects to take such test pursuant to this subparagraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an

GEORGIA LAWS 2006 SESSION

535

administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this subparagraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks."

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 s in conflict with this Act are repealed.

Approved April28, 2006.

MOTOR VEHICLES- MALLORY'S ACT; DISABILITY PERMITS.
No. 627 (House Bill No. 959).
AN ACT
To amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as "Mallory's Act."
SECTION 2. Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, is amended by striking subsection (c) and inserting in lieu thereof the following:
'(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 she is a person with disabilities as specified in subparagraph (G) ofparagraph (5)

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 p_ermanent 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 face an expiration date two years from the date it is issued; provided, however, that any permanent permit issued to a minor shall prominently display the word 'minor' and show an expiration date the same as the date of his or her eighteenth birthday or two years from the date it is issued, whichever occurs last. The expiration date of any permanent permit 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."

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

Approved April28, 2006.

STATE GOVERNMENT- OPEN RECORDS; MARTA FARE PURCHASES.
No. 628 (House Bill No. 955).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the personal information of persons who have purchased cards under the TransCard or SmartCard fare payment 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. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to pub lie records exempt from disclosure, is amended by striking paragraphs ( 18) and ( 19) of subsection (a) and inserting in place thereof the following:
"(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,

GEORGIA LAWS 2006 SESSION

537

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; (19) Records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations; provided, however, that the name of any donor and the amount of donation made by such donor shall be subject to disclosure if such donor or any entity in which such donor has a substantial interest transacts business with the public postsecondary educational institution to which the donation is made within three years of the date of such donation. As use.d in this paragraph, the term 'transact business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative in an amount in excess of $10,000.00 in the aggregate in a calendar year and the term 'substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of an entity; or (20) Records of the Metropolitan Atlanta Rapid Transit Authority or of any other transit system that is connected to that systems TransCard or SmartCard system which would reveal the financial records or travel history of any individual who is a purchaser of a TransCard or SmartCard or similar fare medium. 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.

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

Approved April28, 2006.

538

GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE- SALES TAX EXEMPTION; QUALIFIED JOB TRAINING ORGANIZATIONS.

No. 629 (House Bill No. 841 ).

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 to qualified job training organizations for a limited period of time; to provide for a definition; 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 (81 ), by striking the period at the end of paragraph (8 2) and inserting in its place"; or", and by adding a new paragraph immediately following paragraph (82) to be designated paragraph (83) to read as follows:
"(83)(A) Sales oftangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For purposes of this paragraph, 'qualified job training organization' means an organization which:
(i) Is located in this state; (ii) Is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(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 'Metropolitan Atlanta Rapid Transit Authority Actofl965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by

GEORGIA LAWS 2006 SESSION

539

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. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph. (E) This paragraph shall stand repealed in its entirety on July 1, 2008.'

SECTION 2. This Act shall become effective July 1, 2006.

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

Approved April28, 2006.

MILITARY- MATTIE'S CALL ACT.
No. 638 (House Bill No. 728).
AN ACT
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for utilization of a rapid response phone system; to provide for nonliability; to provide for construction; to provide for termination of an alert; to provide for a state-wide alert for certain criminal suspects; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 3 8 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting at the end thereof a new article to read as follows:

540

GENERAL ACTS AND RESOLUTIONS, VOL. I

'ARTICLE 7

38-3-110. This article shall be known and may be cited as the 'Mattie's Call Act.'

38-3-111. As used in this article, the term:
( 1) 'Alert system' means the state-wide 'Mattie s Call' alert system for missing disabled adults. (2) 'Disabled adult' means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment. (3) 'Local law enforcement agency' means a local law enforcement agency with jurisdiction over the investigation of a missing disabled adult.

38-3-112. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the department shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults.

38-3-113. (a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation ofthe alert system. The rules and directives must include instructions on the procedures for activating and deactivating the alert system. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.

38-3-113.1. The staff of personal care homes shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff receiving actual knowledge that such person is missing from the home.

38-3-114. (a) The agency shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (b) The agency may enter into agreements with participants in the alert system to provide necessary support for the alert system.

38-3-115. (a) On notification by a local1aw enforcement agency that a disabled adult is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:

GEORGIA LAWS 2006 SESSION

541

( 1) A local law enforcement agency believes that a disabled adult is missing; (2) A local law enforcement agency believes that the disabled adult is in immediate danger of serious bodily injury or death; (3) A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adult's disappearance; and (4) Sufficient information is available to disseminate to the public that could assist in locating the disabled adult. (b) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult did not leave a certain geographic location. (c) The agency may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system.

38-3-116. Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (a) of Code Section 38-3-115 have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult and the circumstances surrounding the disappearance. On verification of the criteria, the local law enforcement agency shall immediately contact the agency to request activation and shall supply the necessary information on the forms prescribed by the director.

38-3-117. (a) A state agency participating in the alert system shall:
( 1) Cooperate with the department and assist in developing and implementing the alert system; (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and (3) Utilize a rapid response telephone system that alerts residents in a targeted area. (b) The Georgia Lottery Corporation is directed to develop a method ofnotifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations.

38-3-118. The director shall terminate any activation of the alert system with respect to a particular disabled adult if:
(1) The adult is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

38-3-119. (a) Any entity or individual participating in the 'Mattie's call' alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Mattie's call' alert system. (b) Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information.

38-3-120. (a) In addition to the state-wide alert system known as 'Mattie's Call,' there is established a state-wide alert system known as 'Kimberly's CalL' (b) The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder as defined in Code Section 16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public. (c) The provisions ofCode Sections 38-3-113, 38-3-114, and 38-3-117 shall also apply to 'Kimberly's Call' as set forth in this Code section. (d) On notification by a local law enforcement agency that a suspect in a case of murder or rape has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
( 1) A local law enforcement agency believes that a suspect has not been apprehended; (2) A local law enforcement agency believes that the suspect may be a serious threat to the public; and (3) Sufficient information is available to disseminate to the public that could assist in locating the suspect (e) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location. (f) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (d) have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime. (g) The director shall terminate any activation of the alert system with respect to a particular suspect if: (1) The suspect is located or the incident is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating the suspect. (h) Any entity or individual participating in the 'Kimberly's Call' alert system pursuant to this Code section shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Kimberly's Call' alert system.'

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

Approved April28, 2006.

EDUCATION; TEACHERS AND PUBLIC SCHOOL PERSONNEL; DONATION OF SICK LEAVE.
No. 639 (House Bill No. 543 ).
AN ACT
To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain 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 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
'(c)(I) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection (g) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds. (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy. Any other provisions of this part or any other laws to the contrary notwithstanding, state allotted sick leave days funded pursuant to the provisions of subsection (g) of Code Section 20-2-182 may be contributed to or withdrawn from a local board of education sick leave bank or pool subject to the following requirements:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Each employee may contribute only up to a maximum of 45 state funded sick leave days to the bank or pool, but each employee may contribute as many locally funded sick leave days as provided for by local board of education policy; and (B) Each employee shall be entitled to withdraw from the bank or pool as many state and locally funded sick leave days as provided for by local board of education policy. (3) Local boards of education shall maintain for each employee an accurate, complete, and up-to-date record of all state and locally funded sick leave days contributed to and withdrawn from the sick leave bank or pool, and such record shall show a separate accounting for state funded and locally funded sick leave days. (4) A local board of education that establishes a sick leave bank pursuant to paragraph (2) of this subsection shall allow an employee of the local board to donate up to ten sick leave days to his or her spouse if such spouse is also an employee of the local board for purposes of maternity leave, illness, illness of a family member, or death of a family member.'

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

Approved April28, 2006.

LOCALGOVERNMENT-REVENUE-LAWFUL PRODUCTS OR SERVICES; PROHIBIT LOCAL
REGULATION; REGULATORY FEES.
No. 641 (House Bill No. 304).
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to prohibit local governments from prohibiting or regulating the sale of certain lawful products or services; to provide for exceptions; to provide that ordinances in violation of such provisions are void; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination ofthe amount of certain regulatory fees by local governments; to provide for the timing of payment of certain regulatory fees; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2006 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by inserting a new Code section to be designated Code Section 36-60-24 to read as follows:
'36-60-24. (a) The governing authority of a county or municipal corporation shall not prohibit the sale of products or services which products or services are lawful under subsection (b) of Code Section 25-10-1, unless such prohibition is expressly authorized by the general law of the state. (b) If the sale of a product or service is regulated by subsection (b) of Code Section 25-10-1, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale ofsuch product or service, unless such additional regulation is expressly authorized by general law. (c) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void:

SECTION 2. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, is amended by adding a new subsection (e) to Code Section 48-13-9, relating to limitation on authority of local government to impose regulatory fee, to read as follows:
'(e) For each business, profession, or occupation, local governments are authorized to determine the amount of a regulatory fee imposed in accordance with this article only by one of the following methods:
(1) A flat fee for each business or practitioner of a profession or occupation doing business in the jurisdiction as authorized by Code Section 48-13-8; (2) A flat fee for each type of permit or inspection requested; (3) An hourly rate determined by the hourly wage or salary, including employee benefits, of the person or persons assigned to investigate or inspect multiplied by the number of hours estimated for the investigation or inspection to be performed; (4) An hourly rate as determined by paragraph (3) of this subsection with the addition of other expenses reasonably related to such regulatory activity, such as administrative and travel expenses, multiplied by the number of hours estimated for the investigation or inspection to be performed; (5) For construction projects that are classified as new construction, the number of square feet of construction or the number of square feet of construction to be served by the system to be installed, in conjunction with and limited by the building valuation data, as established from time to time by the International Code Council or by similar data, and in conjunction with and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

limited by the hourly rate described in paragraph (3) or (4) of this subsection; or (6) For construction projects that are classified as renovation and all other construction projects other than those classified as new construction, the cost of the project in conjunction with and limited by the building valuation data that conforms with the principles and methods established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection."

SECTION 3. Said article is further amended by striking subsections (b) and (c) of Code Section 48-13-20, relating to time for payment of fees and taxes, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice ofa profession or occupation as a condition precedent for transacting business, or practicing a profession or occupation. (c) Regulatory fees may be paid after commencing business or the practice of a profession or occupation when:
(I) The work done or services provided are necessary for the health, comfort, or safety of one or more individuals or protection of property. This paragraph shall apply to, but not be limited to, the repair, service, or installation of heating, ventilation, and air conditioning equipment or systems; (2) The work done or services provided have no adverse effect on any other person; (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession or occupation and any and all required inspections are made in order to ensure compliance with applicable codes; and (4) The work is commenced or the services are provided within 24 hours of receiving the request for such work or service and it is not possible for the person conducting the work or providing the service to obtain a permit prior to commencing due to the hours of operation of the local government's offices."

SECTION 4. This Act shall become effective on July I, 2006.

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

Approved April 28, 2006.

GEORGIA LAWS 2006 SESSION

547

COMMERCE- CONSERVATION - BIODIESEL FUEL STANDARDS; METHYL TERTIARY BUTYL ETHER.

No. 642 (Senate Bill No. 636).

AN ACT

To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit the production, offering for sale, or sale of biodiesel fuel for certain purposes unless such fuel meets certain standards; to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, so as to define a term; to authorize and urge the director of the Environmental Protection Division to develop for consideration by the Board ofNatural Resources rules and regulations phasing out the use of gasoline containing a certain chemical; to authorize the adoption of such rule and regulations; to provide for a study relating to gasoline additives; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, is amended by adding a new Code section to read as follows:
'1 0-1-15 1.1. It shall be unlawful for any person to produce, offer for sale, or sell any biodiesel fuel to be used in blending such biodiesel fuel with petroleum diesel fuel to create a blended fuel for subsequent sale for use in diesel engines unless the biodiesel fuel meets the specifications of American Society for Testing and Materials Standard D 6751:

SECTION 2. Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, is amended by adding a new Article to read as follows:

ARTICLE 3.

12-9-70. (a) As used in this Code section, the term 'MTBE' means methyl tertiary butyl ether. (b) The director of the Environmental Protection Division of the department is authorized and urged to study and review the use of gasoline additives in this

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GENERAL ACTS AND RESOLUTIONS, VOL. I

state and to develop rules and regulations not later than January 1, 2008, for consideration by the Board ofN atural Resources to provide for a phase out of the permissible use of gasoline containing M TB E in a manner designed to coordinate such phase out with other states adjacent to this state to the extent practicable; and the board is authorized to adopt rules and regulations for such purpose. In developing such rules and regulations, the director is urged to consider the need to ensure adequate supplies of gasoline in this state, environmental issues such as air quality and ground-water protection, the overall benefits and concerns with various gasoline additives, the use of additives by adjacent states, and the viability of ethanol for use as an additive to the greatest extent practicable."

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

Approved April28, 2006.

PROPERTY- CONDOMINIUM SALES AND REPAIRS.
No. 643 (Senate Bill No. 573).
AN ACT
To amend Article 1 of Chapter 2 of Title 8 and Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to buildings generally and condominiums, so as to change certain provisions relating to condominium sales and repairs; to change certain provisions relating to resolution of construction defects; to clarify how builders and homeowners are required to operate under Part 2A relating to resolution of construction defects; to change conflicting language within Part 2A; to provide a better framework for dispute resolution; to change certain definitions; to change certain provisions relating to notice of claim and the response of the contractor to the claim; to change certain provisions relating to discovery of additional defects after original notice of a claim is given; to change certain provisions relating to the effect of a claimant's acceptance of settlement and subrogation of insurance; to change certain provisions relating to the notice to the consumer prior to beginning initial construction work; to change certain provisions relating to the prohibition against bribery of property or association managers; to change certain provisions relating to causes of action being created and the contractor's right to seek recovery from subcontractors or other professionals; to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development ofthe condominium property; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2006 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 8 ofthe Official Code of Georgia Annotated, relating to buildings generally, is amended by striking Part 2A, relating to resolution of construction defects, and inserting in lieu thereof the following:

"Part 2A

8-2-35. The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.

8-2-36. As used in this part, the term:
(1) 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect. (2) 'Association' means a corporation formed for the purpose of exercising the powers of the members of any common interest community. (3) 'Claimant' means anyone who asserts a claim concerning a construction defect. (4) 'Common area' means the common areas, improvements, and facilities that are owned or maintained by the association in a common interest community. (5) 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then 'construction defect' means a matter concerning the design, construction, repair, or alteration of a dwelling or common area, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling or common area on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling or common area, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect. (6) 'Contractor' means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or common areas, alterations of or additions

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GENERAL ACTS AND RESOLUTIONS, VOL. I

to existing dwellings or common areas, or the repair of such improvements. The term includes:
(A) An owner, officer, director, shareholder, partner, or employee of the contractor; (B) Subcontractors and suppliers oflabor and materials used by a contractor in a dwelling or common area; and (C) A risk retention group registered under applicable law, if any, that insures all or any part of a contractor's liability for the cost to repair a construction defect. (7) 'Dwelling' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual residential unit is transferred to the owner under a condominium or cooperative system. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit. (8) 'Serve' or 'service' means deposit in the United States mail, postage prepaid for delivery by certified mail, return receipt requested or statutory overnight delivery to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law.

8-2-37 0 If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.

8-2-38. (a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under evidentiary rules. (b) Within 30 days after service of the notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice

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ofclaim shall serve on the claimant, and on any other contractor that has received the notice of claim, a written response to the claim or claims, which either:
(1) Offers to settle the claim by monetary payment, the making of repairs, or a combination of both, without inspection; or (2) Proposes to inspect the dwelling or common area that is the subject of the claim. (c) Ifthe contractor wholly rejects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimant's notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. A contractor that does not respond to a notice of claim within the time prescribed by subsection (b) of this Code section may not claim or assert that the absence of documents required to be provided with the notice of claim under subsection (a) of this Code section relieved the contractor from the contractor's obligation to respond to the notice of claim. (d) If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimant's rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimant's rejection of the contractor's proposal or offer. If the claimant believes that the settlement offer: ( 1) Omits reference to any portion of the claim; or (2) Was unreasonable in any manner, the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable. (e) If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractor's proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and reasonable access to the dwelling or common area to inspect the dwelling or common area, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling or common area to its pretesting condition. Ifany inspection or testing reveals a condition that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide prompt and reasonable access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, the contractor shall be entitled to inspect each of the dwellings or common areas which may be or appear to be affected by the

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alleged defect. The contractor shall commence and diligently pursue completion of all the desired inspections within the 30 day period after delivery of the contractor's written proposal. Inspection shall be complete'd within the same 30 day period if reasonable or within a reasonable period thereafter if completion is not reasonable within 30 days. (f) Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor shall serve on the claimant:
( 1) A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction; (2) A written offer to settle the claim by monetary payment; (3) A written offer including a combination of repairs and monetary payment; or (4) A written statement that the contractor will not proceed further to remedy the defect, along with the reasons for such rejection. (g) Ifa claimant accepts a contractor's offer made pursuant to paragraph ( 1), (2), or (3) of subsection (f) of this Code section and the contractor does not proceed to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also file the contractor's offer and claimant's acceptance, and such offer and acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator. (h) If a claimant receives a written statement that the contractor will not proceed further to remedy the defect or if the contractor fails to serve the claimant with the required written offer or written statement within the time prescribed by subsection (f) of this Code section, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractor's written statement shall include all known reasons for the rejection of the claim. (i) If the claimant rejects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice ofthe claimant's rejection on the contractor. The notice shall include all known reasons for the claimant's rejection of the contractor's offer. U) Upon receipt of a claimant's rejection and the reasons for such rejection, the contractor may, within 15 days of receiving the rejection, make a supplemental offer of repair or monetary payment or both to the claimant. (k) If the claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant's

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rejection on the contractor. The notice shall include all known reasons for the claimant's rejection of the contractor's supplemental settlement offer. (1) If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:
( 1) The fair market value of the offer of settlement or the actual cost of the repairs made; or (2) The amount of a monetary offer of settlement. For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys' fees, then the claimant may recover no costs or attorneys' fees incurred after the date of his or her rejection. (m) Any claimant accepting the offer of the contractor to remedy a construction defect shall do so by serving the contractor with a written notice of acceptance within 30 days after receipt of the offer. If no response is served upon the contractor within the 30 day period, then the offer shall be deemed accepted. (n) If a claimant accepts a contractor's offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts, and consultants prompt and unfettered access to the dwelling or common area to perform and complete the construction by the timetable stated in the settlement offer. (o) If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed until completion ofthe notice of claim process described in this part. This subsection shall not be construed to: ( 1) Revive a statute of limitations period that has expired prior to the date on which a claimant's written notice of claim is served; or (2) Extend any applicable statute of repose. (p) After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part.

8-2-39. (a) A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction:
(1) Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and (2) An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38.

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(b) A construction defect that is discovered during the pendency of an action filed in compliance with this part may be added as a supplemental or additional claim to the pending action if failure to add the claim would prejudice any legal rights of the claimant or the contractor; provided, however, that the claimant shall comply with the requirements of subsection (a) of this Code section, and such action shall be immediately stayed until completion of the notice of claim process, unless otherwise agreed by the parties.

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:
(l) 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. (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 attorneys" fees incurred in connection therewith.

8-2-41. (a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractor's right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form:
GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDERSTATE LAW, AND FAILURE TO FOLLOW

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THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

8-2-42. (a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. As used in this Code section, the term 'anything of value' shall not include payments, services, or other items of value which the recipient would otherwise be entitled to receive under an existing contract. (b) A property manager retained by an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect. (c) A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect. (d) A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor. (e) An association may bring an action against a contractor to recover damages resulting from construction defects in the common area of a common interest community, provided that:
( 1) The members of the association have voted to approve commencement of an action by two-thirds of the votes cast, by statutory written ballot as provided in Code Section 14-3-708 or have approved commencement of an action by the affirmative vote of at least two-thirds of the total membership at a meeting of the members at which a quorum is present; (2) The board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the association" s claim, or the contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and (3) The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part. (f) At least three business days in advance of the meeting at which the association members vote or at the time a statutory written ballot is circulated to the members to obtain approval of an action to recover damages resulting from construction defects in the common area of a common interest community, the association shall provide each owner a copy of the notice ofclaim provided to the contractor and an additional written description of claims and the reasons the bo~ud of the association is recommending consideration of the litigation. (g) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a dwelling or common area caused by a construction defect unless:

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( 1) The person is licensed as a contractor pursuant to law; (2) The association has obtained the prior written approval of each owner whose dwelling will be directly affected by such testing; (3) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and (4) Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests. (h) The board of directors of an association may, without giving notice to the owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a common area within the common interest community as are required to protect the health, safety, and welfare of the owners.

8-2-43 0 (a) Nothing in this part shall create any cause of action on behalf of any claimant or contractor. (b) This part does not apply to a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. (c) In the event of any conflict or inconsistency between the provisions of this part and the provisions of any contract between a claimant and a contractor, the provisions of the contract shall govern and control. (d) This part shall not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43."

SECTION 2. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-112, relating to escrow of deposits made or other payments made prior to closing on a condominium unit, and inserting in lieu thereof the following:
0 44-3-112. (a) Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member ofthe buyer's family, or any employee ofthe buyer shall be held in escrow until it is delivered at closing, delivered to the seller in accordance with subsection (b) of this Code section, or delivered to the person or persons entitled thereto upon breach of the contract for the sale. Such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, that, in the event any such deposit is held by a real estate broker licensed under the laws of this state, such funds may be placed in such broker's escrow account instead of a separately designated account. (b) Ifthe contract for sale of the condominium unit so provides and the purchase price of the condominium unit is not less than $150,000.00, the seller maY withdraw escrow funds in excess of 1 percent of the purchase price from the escrow account required by subsection (a) of this Code section when the construction of improvements has commenced. The seller shall only use the

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funds in the actual construction and development of the condominium property in which the unit to be sold is located. However, no part of these funds may be used for salaries, commissions, expenses of real estate licensees, or advertising purposes. A contract which permits use of the advance payments for these purposes shall be initialed by the buyer and include the following caveat in boldfaced type or capital letters no smaller than the largest type on the first page of the contract: ANY PAYMENT IN EXCESS OF 1 PERCENT OF THE PURCHASE PRICE MADE TO THE SELLER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE SELLER.'

SECTION 3. (a) This section and Sections 1 and 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 ofthis Act shall become effective on July 1, 2006. (c) This Act shall only apply with respect to causes of actions or claims arising on or after the effective date of this Act, and any prior causes of action or claims shall continue to be governed by prior law.

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

Approved April28, 2006.

ELECTIONS- ELECTRONIC RECORDING VOTING SYSTEMS; ACCURACY PILOT PROGRAM.
No. 646 (Senate Bill No. 500).
AN ACT
To provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to require that all electronic recording voting systems used in such pilot project produce a permanent paper record of the votes recorded on such systems for each voter; to provide that such voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on such electronic recording voting systems; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "2006 Georgia Accuracy in Elections Act."

SECTION 2. Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, is amended by adding a new Code Section 21-2-379.12 to read as follows:
'21-2-379.12. (a) The Secretary of State shall implement a pilot program providing for the use of direct recording electronic (DRE) voting equipment equipped and configured with an elector verified, permanent paper record of the votes cast by each elector on each DRE unit in one precinct each in the Counties of Cobb, Bibb, and Camden in the 2006 November general election and any runoff from such election.
(b)(1) Each DRE unit used in the pilot project shall meet the requirements of this subsection and shall be of the same general type from the same vendor or manufacturer as those DRE units in use in the state. (2) Each DRE unit used by the counties in the pilot project shall have received national qualification and shall have passed state certification for use in elections. For the purposes of this Code section, the Secretary of State is authorized to provide for a conditional certification of the units which shall expire on December 31, 2006. (3) Each unit shall produce an elector verified, permanent paper record of the votes cast by each elector on such device and shall provide the elector with an opportunity to review the permanent paper record privately and independently before casting his or her vote on the unit and to change his or her ballot or correct any error in such record or vote; provided, however, that it shall not allow the elector to have actual physical possession of such record. Each unit shall bear a unique identifying number and each unit shall be equipped with a storage device that:
(A) Stores each ofthe elector verified, permanent paper records at the same time as such elector's votes are stored electronically by the DRE unit; (B) Bears the same unique identifying number as the DRE unit to which it is attached; and (C) Can be removed from the DRE unit for the purpose of transporting the permanent paper records contained therein to a central tabulating center. (c) In those counties constituting the pilot project in the 2006 November general election and any runofftherefrom, each duly qualified elector shall cast his or her vote on a DRE unit by touching the screen or pressing the appropriate button on the unit for the candidate or issue of such elector's choice. After having the opportunity to vote in all races and upon all questions in which the elector is eligible to vote, the unit shall display a summary ofthe choices which the elector

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has made. At that time, the elector shall also be notified of any races or questions in which the elector did not make a selection and all other choices of the elector shall be displayed for the elector's review. The elector shall have the opportunity to change any choices which the elector made in voting the ballot and be allowed to vote in those races and on those questions in which the elector did not previously make a selection or cast a vote, and the elector shall again be presented with a summary display of his or her choices. After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. Prior to the elector casting his or her vote on the unit, the unit shall print a permanent paper record ofthe elector's votes. The elector shall then review such permanent paper record and, if such record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot and cause such votes to be recorded, which shall also cause the permanent paper record to be deposited in a ballot box or other secure container. If the votes shown on the permanent paper record are incorrect, the unit shall allow the elector to correct such error or errors by rejecting and voiding the permanent paper record that was printed and changing such elector's votes on the unit. After making such corrections, the unit shall print a new permanent paper record for the elector's review. If the new record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. If the new record is incorrect, the unit shall allow the voter to reject and void the new permanent paper record and again change the elector's votes on the unit. After making such corrections, the unit shall print a permanent paper record of the elector's votes and shall cause the elector's ballot to be cast and such votes to be recorded. The elector shall only be allowed to adjust his or her votes three times before casting the ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the elector's vote shall be final and shall not be subsequently altered. The permanent paper records shall be secured in locked ballot boxes or other secure containers at all times and such ballot boxes or containers shall not be opened nor shall such ballots be counted unless and until required to be counted pursuant to a recount or an election contest proceeding; provided, however, that the Secretary of State shall cause a complete manual audit to be performed on each DRE unit used in the pilot project for voting within 30 days following the 2006 November general election and within 30 days of any runoff of such election. The audit shall compare the results of the permanent paper records from each DRE unit with the electronic record recorded by the D RE unit. The results of such audits shall be made available to the public upon the completion of the audits. (d) The Secretary of State shall provide the DRE units and all necessary software, supplies, training, and support for the pilot project. (e) The State of Georgia shall provide the funding needed to implement such pilot project. (f) Not later than the second Monday in January, 2007, the Secretary of State shall conduct a public hearing in each of the pilot areas. A summary of the

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findings as well as the comments received shall be submitted to the General Assembly and made available to the general public. (g) This Code section shall be repealed by operation oflaw on February I, 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.

Approved April28, 2006.

COURTS- LOCAL GOVERNMENT- STATE GOVERNMENT; COURTHOUSE SECURITY.
No. 647 (Senate Bill No. 462).
AN ACT
To amend Article I of Chapter I6 of Title I5 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to provide for access to the security plan to certain individuals; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to remove courthouses and jails from the list of properties protected; to provide that a budget for implementing security plans shall be subject to approval by the governing authority; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded proceedings, so as to provide for executive session for governing authorities to review security plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter I6 of Title I5 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, is amended in Code Section I5-l6-l 0, relating to duties of sheriffs and electronic storage, by striking "and" from the end of paragraph (8), by striking the period and inserting in its place"; and" at the end of paragraph (9), and by inserting a new paragraph (I 0) of subsection (a) to read as follows:

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'(1 0) To develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. Prior to the implementation of any security plan, the plan shall be submitted to the chiefjudge ofthe superior court of the circuit wherein the courthouse or courthouse annex is located for review. The chief judge shall have 30 days to review the original or any subsequent security plan. The chief judge may make modifications to the original or any subsequent security plan. The sheriff shall provide to the county governing authority the estimated cost of any security plan and a schedule for implementation 30 days prior to adoption of any security plan. A comprehensive plan for courthouse security shall be considered a confidential matter of public security. Review of a proposed security plan by the governing authority shall be excluded from the requirements of Code Section 50-14-1 and any such review shall take place as provided in Code Section 50-14-3. Such security plan shall also be excluded from public disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72. The sheriff shall be the official custodian of the comprehensive courthouse security plan and shall determine who has access to such plan and any such access and review shall occur in the sheriff's office or at a meeting of the county governing authority held as provided in paragraph (9) of Code Section 50-14-3; provided, however, that the sheriff shall make the original security plan available upon request for temporary, exclusive review by any judge whose courtroom or chambers is located within the courthouse or courthouse annex or by any commissioner of the county in which the courthouse or courthouse annex is located. The sheriff shall be responsible to conduct a formal review of the security plan not less than every four years.'

SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-8, relating to the protection of county property by the sheriff, and inserting in its place a new Code Section 36-9-8 to read as follows:
'36-9-8. The public grounds and other county property are placed in the keeping of the sheriff of the county, subject to the order of the county governing authority; and it is his or her duty to preserve them from injury or waste and to prevent intrusions upon them.'

SECTION 3. Said title is further amended by adding a new Code section to the end of Article 1 of Chapter 81, relating to local government budgets and audits, to read as follows:
'36-81-11. The development and implementation of a security plan and all related technology pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10 shall be subject to the annual budget approved for the office of the sheriff by the governing authority.'

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SECTION 4. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded proceedings, is amended by striking paragraph (9) and inserting in lieu thereof the following:
'(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph ( 15) of subsection (a) of Code Section 50-18-72, when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to
paragraph (1 0) of subsection (a) of Code Section 15-16-1 o:

SECTION 5. This Act shall become effective on July 1, 2006.

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

Approved April28, 2006.

CRIMES- PROFESSIONS- PUBLIC UTILITIESTELEPHONE RECORDS BROKERS; PRIVACY.
No. 648 (Senate Bill No. 455).
AN ACT
To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide a short title; to provide findings of fact; to define certain terms; to provide that it shall be illegal for a telephone records broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the Official Code of Georgia Annotated, relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for exceptions; to provide for action in the event of a breach of security; to provide for customer notification; to provide that a violation of such provisions shall be an unfair or deceptive practice in consumer transactions; to provide for an effective date; 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. This Act shall be known and may be cited as the "Telephone Records Privacy Protection Act."

SECTION 2. The General Assembly finds that:
(1) Telephone records can be ofgreat use to criminals because the information contained in call logs listed in such records include a wealth ofpersonal data; (2) Many call logs reveal the names of telephone users' doctors, public and private relationships, business associates, and more; (3) Although other personal information such as social security numbers may appear on public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the telephone companies themselves; (4) Telephone records are sometimes accessed without authorization of the customer by:
(A) An employee of the telephone service provider selling the data; and (B) "Pretexting," whereby a data broker or other person pretends to be the owner of the telephone and convinces the telephone company's employees to release the data to such person; and (5) Telephone companies encourage customers to manage their accounts online with many setting up the online capability in advance, although many customers never access their account online. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer.

SECTION 3. Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by inserting a new Code section to read as follows:
"16-11-70. (a) As used in this Code section, the term:
(1) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (2) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this Code section, any information collected and retained by, or on behalf of, customers utilizing

564

GENERAL ACTS AND RESOLUTIONS, VOL. I

caller identification or other similar technology does not constitute a telephone record. (3) 'Telephone records broker' means any person or organization that is neither a telecommunications company nor a vendor or supplier for a telecommunications company obligated by contract to protect the confidentiality of telephone records and that purchases, acquires, sells, or releases the telephone record of any third party with whom it has no prior or existing business relationship or that attempts to purchase, acquire, sell, or release the telephone record of any party with whom it has no prior or existing business relationship. (b) It is unlawful for any telephone records broker to purchase, acquire, sell, or release the telephone records of any person who is a Georgia resident or to attempt to purchase, acquire, sell, or release the telephone record of any third party who is a Georgia resident. This Code section applies whether the customer's telephone record is obtained by the telephone records broker directly from a telecommunications company or from any other third-party source. For purposes of this Code section, a person is a Georgia resident if the individual has a Georgia billing address. (c) A violation of any provision of this Code section shall be punishable by a civil fine in an amount not to exceed $10,000.00 for each violation. The prosecuting attorney or the Attorney General shall be authorized to prosecute the civil case. Each telephone record purchased, acquired, sold, or released and each attempt to purchase, acquire, sell, or release a telephone record constitutes a separate violation of this Code section. (d) Any violation of this Code section shall constitute a tort and shall create a right of action in the person or entity whose telephone records have been purchased, acquired, sold, or released for which damages may be recovered. Special damages may be inferred by the violation. Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has prevailed in the underlying action. (e) No provision of this Code section shall be construed to prevent any action by a law enforcement agency or any officer, employee, or agent of a law enforcement agency to obtain the telephone records or personal identifying information of any third party who is a Georgia resident in connection with the performance of the official duties of the agency, officer, employee, or agent.'

SECTION 4. Code Section 43-3 8-11 of the Official Code of Georgia Annotated, relating to denial, revocation, or sanction oflicenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, is amended by striking the word "or" at the end of paragraph (14) of subsection (a), by striking the period at the end of paragraph (15) of subsection (a) and inserting in lieu thereof ";or", and by inserting immediately following paragraph (15) of subsection (a) a new paragraph to read as follows:

GEORGIA LAWS 2006 SESSION

565

'( 16) Purchased, acquired, sold, or released the telephone records, as such term is defined in Code Section 46-5-210, of any third party who is a Georgia resident.'

SECTION 5. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by inserting at the end thereof a new article to read as follows:

"ARTICLE 6.

46-5-210. (a) As used in this article, the term:
( 1) 'Breach of telephone records' means the unauthorized acqms1hon of telephone records that compromises the security, confidentiality, or integrity of that information as maintained by the telecommunications company. (2) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (3) 'Notice' means:
(A) Written notice; (B) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 ofTitle 15 of the United States Code; or (C) Substitute notice, if the telecommunications company demonstrates that the cost ofproviding notice would exceed $250,000.00, that the affected class to be notified exceeds 500,000 individuals, or that the telecommunications company does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the following:
(i) E-mail notice, if the telecommunications company has e-mail addresses for the individuals to be notified; (ii) Conspicuous posting of the notice on the telecommunications company's website, if the telecommunications company maintains one; and (iii) Notification to major state-wide media. (4) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing

566

GENERAL ACTS AND RESOLUTIONS, VOL. I

caller identification or other similar technology does not constitute a telephone record.

46-5-211. No telecommunications company may release the telephone records of any end user with a Georgia billing address without the express consent of the end user except with proper law enforcement or court order documentation, as otherwise allowed by law, or by an interconnection agreement that has been approved by the Public Service Commission.

46-5-212. Each telecommunications company shall provide annually to the office of the Attorney General certification that it has established operating procedures for security of telephone records that are adequate to ensure compliance with 47 U.S.C. Section 222 and any rules promulgated thereunder.

46-5-213. No provision of this article shall be construed to prohibit a telecommunications company, vendor, or supplier from obtaining, using, releasing, or permitting access to any telephone record of any end user with a Georgia billing address:
( 1) As otherwise authorized or permitted by law or by an interconnection agreement that has been approved by the Public Service Commission; (2) With the lawful consent of the end user or the end user s designated representative; (3) As necessary for the provision of services and management of the network, for the protection of the rights or property of the provider, for the protection of end users, and for the protection of other telecommunications companies from fraudulent, abusive, or unlawful use of or subscription to services; (4) To a governmental entity, if the telecommunications company reasonably believes that an emergency involving the immediate danger of death or serious physical injury to any person justifies disclosure of the information; (5) To the National Center for Missing and Exploited Children, in connection with the report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990; (6) To the telecommunications company's affiliates, agents, suppliers, vendors, or subcontractors to provide service or billing functions; or (7) To a court or party to a legal proceeding pursuant to a court order, subpoena, notice to produce, or discovery in that proceeding.

46-5-214. (a) In the event of a breach of a telephone record concerning a Georgia resident, the telecommunications company must provide notice to the Georgia resident immediately following discovery or notification of the breach if such breach is reasonably likely to cause quantifiable harm to the Georgia resident. The notice must be made in the most expedient manner possible and without unreasonable

GEORGIA LAWS 2006 SESSION

567

delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the telephone record. (b) Notwithstanding any provisions of this article to contrary, a telecommunications company that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this Code section shall be deemed to be in compliance with the notification requirements of this Code section if it notifies the individuals who are the subject of the notice in accordance with its policies in the event of a breach ofthe security ofthe system. (c) The notice required by this Code section shall be delayed if a law enforcement agency informs the business that notification may impede a criminal investigation or jeopardize national or homeland security, provided that such request is made in writing or the business documents such request contemporaneously in writing, including the name of the law enforcement officer making the request and the officer's law enforcement agency engaged in the investigation. The notice required by this Code section shall be provided without unreasonable delay after the law enforcement agency communicates to the business its determination that notice will no longer impede the investigation or jeopardize national or homeland security. (d) A violation of this Code section constitutes an unfair or deceptive practice in consumer transactions within the meaning of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975."

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April28, 2006.

568

GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS- ELECTIONS- LOCAL GOVERNMENTPUBLIC OFFICERS -REVENUE; MINIMUM SALARY; SHERIFFS, TAX COMMISSIONERS, SUPERIOR COURT CLERKS, MAGISTRATES, PROBATE JUDGES; RECALCULATION; COUNTY GOVERNING AUTHORITY LONGEVITY INCREASES; CORONERS FEES.

No. 649 (Senate Bill No. 450).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally; Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government; Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, magistrates, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to increase the investigation fee for coroners; to provide for the recalculation of minimum salaries in any year in which the Department of Community Affairs publi~hes a census estimate for the county that is higher than the preceding decennial census; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-88, relating to minimum annual salary schedule for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-88 to read as follows:
"15-6-88. (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in anY year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise

GEORGIA LAWS 2006 SESSION

569

provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999

0

0

0

0

00

0

0

00

0

0

0

0

0

0

00

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

00

0

0

0

$ 29,832.20

6,000- 11,889

40,967.92

11,890-19,999

46,408.38

20,000- 28,999

49,721.70

29,000- 38,999

53,035.03

39,000- 49,999

56,352.46

50,000 -74,999

63,164.60

75,000-99,999

67,800.09

100,000- 149,999

72,434.13

150,000- 199,999

77,344.56

200,000- 249,999

84,458.82

250,000 - 299,999

91,682.66

300,000- 399,999

101,207.60

400,000- 499,999

105,316.72

500,000 or more ...................................... 109,425.84
(b) On and after July 1, 2006, whenever the employees in the classified service ofthe state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through

570

GENERAL ACTS AND RESOLUTIONS, VOL. I

the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January I, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) ofCode Section 15-10-105, or the amounts derived by increasing each of said amounts through the application oflongevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk:

SECTION 2. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for certain services for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-89 to read as follows:
'15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-1 2-1 shall receive for his or her services in such other court a salary of not Jess than $323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is

GEORGIA LAWS 2006 SESSION

571

abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."

SECTION 3. Said title is further amended by striking Code Section 15-9-63, relating to schedule of minimum salaries of judges of the probate court, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows:
'15-9-63. (a)(l) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the pro bate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999 ...................................... $ 29,832.20

6,000 - 11,889

40,967.92

11,890-19,999

46,408.38

20,000 - 28,999

49,721.70

29,000- 38,999

53,035.03

39,000 - 49,999

56,352.46

50,000- 74,999

63,164.60

75,000- 99,999

67,800.09

I00,000 - 149,999

72,434.13

150,000- 199,999

77,344.56

200,000- 249,999

84,458.82

250,000- 299,999

91,682.66

300,000- 399,999

101,207.60

572

GENERAL ACTS AND RESOLUTIONS, VOL. I

400,000 - 499,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105,316.72
500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109,425.84
(2) On and after July 1, 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (I) of this subsection and in Code Section 15-9-64, or the amounts de.rived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application oflongevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) ofthis subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge s salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge. (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1990 or any future such

GEORGIA LAWS 2006 SESSION

573

census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government."

SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 15-9-63.1, relating to compensation of probate judges for services as magistrate or chief magistrate, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'(a) Beginning January 1, 2002, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of$11,642.54; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after July 1, 2 006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.n

SECTION 5. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of probate judges, and inserting in lieu thereof a new Code Section 15-9-64 to read as follows:
8 15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and

574

GENERAL ACTS AND RESOLUTIONS, VOL. I

conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $3 23.5 9 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the pro bate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $404.41 per month."

SECTION 6. Said title is further amended by striking paragraphs (2), (4), and (5) of subsection (a) and the entirety of subsection (c) of Code Section 15-10-23, relating to minimum compensation and annual salary of magistrates, and inserting in lieu thereof new paragraphs (2), (4), and (5) and a new subsection (c) to read as follows:
'(2) Unless otherwise provided by local law, effective January 1, 2006, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999 ...................................... $ 29,832.20

6,000 - 11,889

40,967.92

11,890- 19,999

46,408.38

20,000 - 28,999

49,721.70

29,000- 38,999

53,035.03

39,000- 49,999

56,352.46

50,000- 74,999

63,164.60

75,000- 99,999

67,800.09

100,000- 149,999

72,434.13

150,000- 199,999

77,344.56

200,000- 249,999

84,458.82

250,000- 299,999

91,682.66

300,000- 399,999

101,207.60

400,000-499,999

105,316.72

500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109,425.84

GEORGIA LAWS 2006 SESSION

575

The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chiefmagistrate serves as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government." '(4) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of$3,851.46 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less. (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $22.22 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $592.58.' '(c) On and after July 1, 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application oflongevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application oflongevity increases pursuant to subsection (b) ofthis Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic

576

GENERAL ACTS AND RESOLUTIONS, VOL. I

changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.'

SECTION 7. Said title is further amended by striking subsections (b), (c), and (d) of Code Section 15-10-105, relating to selection of clerk of magistrate court and compensation, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
'(b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $323.59 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $323.59 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $323.59 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $323.59 per month.'

GEORGIA LAWS 2006 SESSION

577

SECTION 8. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries for sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a)(l) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July l in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriff's county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0-5,999 ...................................... $ 42,045.88

6,000 - 11,889

46,917.92

11,890- 19,999

53,880.12

20,000 - 28,999

59,328.83

29,000- 38,999

64,776.16

39,000-49,999

70,227.59

50,000- 74,999

75,674.90

75,000- 99,999

78,247.21

100,000- 149,999

80,819.51

150,000- 199,999

83,695.91

200,000- 249,999

86,572.30

250,000- 299,999

94,759.02

300,000- 399,999

105,822.14

400,000-499,999

109,931.24

500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114,040.36

578

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) On and after July 1, 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph ( 1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the application oflongevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office ofPlanning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriff's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff.'

SECTION 9. Said title is further amended by striking Code Section 15-16-20.1, relating to additional salary for sheriffs, and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows:
"15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court,

GEORGIA LAWS 2006 SESSION

579

magistrate court, juvenile court, or county recorder's court under any applicable general or local law ofthis state shall receive for his or her services in such court or courts a salary of not less than $323.59 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary.'

SECTION 10. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of county officer or employee as chief deputy registrar, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $293.29 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State s office, where such information shall be maintained on file."

SECTION 11. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, is amended by adding a new Code Section 36-5-29 to read as follows:
'36-5-29. (a) Compensation to which a member of a county governing authority is entitled under general or local law, including amounts provided for in Code Sections 36-5-27 and 36-5-28 shall be increased by multiplying said amounts by the percentage which equals 2.5 percent times the number of completed, four-year terms of office served by such member of a county governing authority where such terms have been completed after December 31, 2004, effective the first day of January following the completion of each such period of service. (b) For a member of a county governing authority elected to two-year terms of office or six-year terms of office, the percentage increase provided for in subsection (a) of this Code section shall be 1.25 percent times the number of completed two-year terms or 3.75 percent times the number of completed six-year terms as applicable."

580

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 12. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (b) of Code Section 45-16-27, relating to inquests and coroner's investigation fee, and inserting in its place a new subsection (b) to read as follows:
n(b) On and after January 1, 2007, coroners shall be entitled to an investigation fee of$175.00 where no jury is impaneled or a fee of$250.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid within ten days after receipt of the coroner's monthly statement by the county where the investigation or inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county by such salaried coroner or deputy coroner. (b.1) Any local Acts providing for the compensation of the various coroners shall remain in full force and effect, except in those instances where such local Acts provide for a salary in an amount which is less than the amount of compensation such coroner would be entitled to pursuant to subsection (b) of this Code section in which case the coroner may select on an annual basis beginning January 1, 2007, to be compensated pursuant to subsection (b) of this Code section or by the salary provided for by local AcV

SECTION 13. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation ofproperty, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in lieu thereof a new subsection (g) to read as follows:
n(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all ofthe duties ofthe sheriff with respect to tax executions shall be entitled to a salary of $349.78 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds.n

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581

SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b)(1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999 ...................................... $ 29,832.20

6,000 - 11 ,889

40,967.92

11,890-19,999

46,408.38

20,000 - 28,999

49,721.70

29,000- 38,999

53,035.03

39,000- 49,999

56,352.46

50,000 - 74,999

63,164.60

75,000- 99,999

67,800.09

100,000- 149,999

72,434.13

150,000- 199,999

77,344.56

200,000- 249,999

84,458.82

250,000- 299,999

91,682.66

300,000- 399,999

101,207.60

400,000 - 499,999

105,316.72

500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109,425.84

582

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) On and after July 1, 2006, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-13 7, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application oflongevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-13 7, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application oflongevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph ( 1) ofthis subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner:

GEORGIA LAWS 2006 SESSION

583

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved April28, 2006.

APPEAL- BANKING- DOMESTIC RELATIONS; CALCULATION OF CHILD SUPPORT.
No. 650 (Senate Bill No. 382).
AN ACT
To amend Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine gross income and deviations; to provide calculation of parenting time; to provide for definitions; to provide for headings to better structure the Code section; to provide for the Child Support Obligation Table; to change certain provisions relating to the duties of the Georgia Child Support Commission; to correct cross-references; to amend an Act amending Titles 5, 7, and 19 of the Official Code of Georgia Annotated so as to state legislative findings, change provisions relating to calculation of child support, and make other related changes, approved April22, 2005 (Ga. L. 2005, p. 224), so as to change the effective date of said Act; to state legislative intent; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 5 of the Official Code ofGeorgia 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 lieu thereof the following:
'5-6-34. (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings ofthe superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws ofthis state:

584

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-3 5; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will.'

SECTION 2. 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. (a) 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. In determining whether to apply, waive, or reduce the amount of interest owed, the Court shall consider whether:
(I) Good cause existed for the nonpayment of the child support; (2) Payment of the interest would result in substantial and unreasonable hardship for the parent owing the interest; (3) Applying, waiving, or reducing the interest would enhance or detract from the parent's current ability to pay child support, including the consideration of the regularity of payments inade for current child support of those dependents for whom support is owed; and (4) The waiver or reduction of interest would result in substantial and unreasonable hardship to the parent to whom interest is owed. (b) This Code section shall not be construed to abrogate the authority of a IV-D agency to waive, reduce, or negotiate a settlement of unreimbursed public assistance in accordance with subsection (b) of Code Section 19-11-5:

GEORGIA LAWS 2006 SESSION

585

SECTION 3. Title 19 of the 0 fficial 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 parents income, the number of children for which support is being provided, the presumptive amount of child support award calculation, and, if the presumptive amount of child support is rebutted, the award amount and the basis for the rebuttal award. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and Schedule E pertaining to deviations. The final judgment shall specify a sum certain amount of child support to be paid:

SECTION 4. Said title is further amended by striking in its entirety 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) Definitions. As used in this Code section, the term:
(1) 'Adjusted Child Support Obligation' means the Basic Child Support Obligation adjusted by the Parenting Time Adjustment, if applicable, Health Insurance, and Work Related Child Care Costs. (2) 'Adjusted Income' means the determination of a Parent's monthly income, calculated by deducting from that Parent's monthly Gross Income one-half of the amount of any applicable self-employment taxes being paid by the Parent, any Preexisting Order for current child support which is being paid by the Parent, and any Theoretical Child Support Order for other Qualified Children, if allowed by the Court. For further reference see paragraph (5) of subsection (f) of this Code section. (3) 'Basic Child Support Obligation' means the amount of support displayed on the Child Support Obligation Table which corresponds to the Combined Adjusted Income of the Custodial Parent and the Noncustodial Parent and the number of children for whom child support is being determined. This amount is rebuttably presumed to be the appropriate amount of child support to be provided by the Custodial Parent and the Noncustodial Parent prior to consideration of percentage ofincome, Health Insurance, Work Related Child Care Costs, and Deviations. (4) 'Child' means child or children. (5) 'Child Support Enforcement Agency' means the Child Support Enforcement Agency within the Department of Human Resources. (6) 'Child Support Obligation Table' means the chart which displays the dollar amount of the Basic Child Support Obligation corresponding to various levels of Combined Adjusted Income of the children's Parents and the number of

586

GENERAL ACTS AND RESOLUTIONS, VOL. I

children for whom a child support order is being established or modified. The Child Support Obligation Table shall be used to calculate the Basic Child Support Obligation according to the provisions of this Code section. For further reference see subsections (n) and (o) of this Code section. (7) 'Combined Adjusted Income' means the amount of Adjusted Income of the Custodial Parent added to the amount of Adjusted Income of theNoncustodial Parent. (8) 'Court' means a judge of any Court of record or an administrative law judge of the Office of State Administrative Hearings. (9) 'Custodial Parent' means the Parent with whom the Child resides more than 50 percent of the time. Where a Custodial Parent has not been designated or where a Child resides with both Parents an equal amount of time, the Court shall designate the Custodial Parent as the Parent with the lesser support obligation and the other Parent as the Noncustodial Parent. Where the Child resides equally with both Parents and neither Parent can be determined as owing a greater amount than the other, the Court shall determine which Parent to designate as the Custodial Parent for the purpose of this Code section. ( 10) 'Deviation' means an increase or decrease from the Presumptive Amount of Child Support ifthe presumed order is rebutted by evidence and the required findings of fact are made by the Court pursuant to subsection (i) of this Code section. (11) 'Final Child Support Order' means the Presumptive Amount of Child Support adjusted by any Deviations. ( 12) 'Gross Income' means all income to be included in the calculation of child support as set forth in subsection (f) of this Code section. (13) 'Health Insurance' means any general health or medical policy. For further reference see paragraph (2) of subsection (h) of this Code section. (14) 'Noncustodial Parent' means the Parent with whom the Child resides less than 50 percent of the time or the Parent who has the greater payment obligation for child support. Where the Child resides equally with both Parents and neither Parent can be determined as owing a lesser amount than the other, the Court shall determine which Parent to designate as theN oncustodial Parent for the purpose of this Code section. (15) 'Nonparent Custodian' means an individual who has been granted legal custody of a Child, or an individual who has a legal right to seek, modify, or enforce a child support order. (16) 'Parent' means a person who owes a Child a duty of support pursuant to Code Section 19-7-2. (17) 'Parenting Time Adjustment' means an adjustment to the Noncustodial Parent's portion of the Basic Child Support Obligation based upon the Noncustodial Parent's court ordered visitation with the Child. For further reference see subsection (g) of this Code section. (18) 'Preexisting Order' means:
(A) An order in another case that requires a Parent to make child support payments for another Child, which child support the Parent is actuallY

GEORGIA LAWS 2006 SESSION

587

paying, as evidenced by documentation as provided in division (f)(5)(B)(iii) of this Code section; 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 ofthe age of any Child in any of the cases. (19) 'Presumptive Amount of Child Support' means the Basic Child Support Obligation including Health Insurance and Work Related Child Care Costs. (20) A 'Qualified Child' or 'Qualified Children' means any Child: (A) For whom the Parent is legally responsible and in whose home the Child resides; (B) That the Parent is actually supporting; (C) Who is not subject to a Preexisting Child Support Order; and (D) Who is not before the Court to set, modify, or enforce support in the case immediately under consideration. Qualified Children shall not include stepchildren or other minors in the home that the Parent has no legal obligation to support. (21) 'Split Parenting' can occur in a child support case only 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 the 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 shall have two Custodial Parents and two Noncustodial Parents, but no Child shall have more than one Custodial Parent or Noncustodial Parent. (22) 'Theoretical Child Support Order' means a hypothetical child support order for Qualified Children calculated as set forth in subparagraph (f)(5)(C) of this Code section which allows the Court to determine the amount of child support as if a child support order existed. (23) 'Uninsured Health Care Expenses' means a Child'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. For further reference see paragraph (3) of subsection (h) of this Code section. (24) 'Work Related Child Care Costs' means expenses for the care of the Child 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, if the Parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the Child being supported. The term shall be projected for the next

588

GENERAL ACTS AND RESOLUTIONS, VOL. I

consecutive 12 months and averaged to obtain a monthly amount. For further reference see paragraph (1) of subsection (h) of this Code section. (25) 'Worksheet' or 'Child Support Worksheet' means the Worksheet used to record information necessary to determine and calculate child support. In Child Support Enforcement Agency cases in which neither Parent prepared a Worksheet, the Court may rely solely on the Worksheet prepared by the Child Support Enforcement Agency as a basis for its order. For further reference see subsection (m) of this Code section. (b) Process of calculating child support. Pursuant to this Code section, the determination of child support shall be calculated as follows: (1) Determine the monthly Gross Income ofboth the Custodial Parent and the Noncustodial Parent. Gross Income may include imputed income, if applicable. Gross Income shall be calculated on a monthly basis. The determination of monthly Gross Income shall be entered on the Child Support Schedule A- Gross Income; (2) Adjust each Parent's monthly Gross Income by deducting the following from the Parents monthly Gross Income, and entering it on the Child Support Schedule B -Adjusted Income if any of the following apply:
(A) One-half of the amount of self-employment taxes; (B) Preexisting Orders; and (C) Theoretical Child Support Order for Qualified Children, if allowed by the Court; (3) Add each Parent's Adjusted Income together to compute the Combined Adjusted Income; (4) Locate the Basic Child Support Obligation by referring to the Child Support Obligation Table. Using the figure closest to the amount of the Combined Adjusted Income, locate the amount of the Basic Child Support Obligation in the column underneath the number of children for whom support is being determined. If the Combined Adjusted Income falls between the amounts shown in the table, then the Basic Child Support Obligation shall be based on the income bracket most closely matched to the Combined Adjusted Income; (5) Calculate the pro rata share of the Basic Child Support Obligation for the Custodial Parent and the Noncustodial Parent by dividing the Combined Adjusted Income into each Parent's Adjusted Income to arrive at each Parent's pro rata percentage of the Basic Child Support Obligation; (6) Find the Adjusted Child Support Obligation amount by adding the additional expenses of the costs of Health Insurance and Work Related Child Care Costs, prorating such expenses in accordance with each Parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation. The monthly cost of health insurance premiums and Work Related Child Care Costs shall be entered on the Child Support Schedule D Additional Expenses. The pro rata share ofthe Basic Child Support Obligation and the pro rata share of the combined additional expenses shall be added together to create the Adjusted Child Support Obligation;

GEORGIA LAWS 2006 SESSION

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(7) Determine the Presumptive Amount of Child Support for the Custodial Parent and the Noncustodial Parent resulting in a sum certain single payment due to the Custodial Parent by assigning or deducting credit for actual payments for Health Insurance and Work Related Child Care Costs; (8) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the Presumptive Amount of Child Support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed Deviations shall be entered on the Child Support Schedule E- Deviations. In the Court's or the jury's discretion, Deviations may include, but are not limited to, the following:
(A) High income; (B) Low income; (C) Other health related insurance; (D) Child and dependent care tax credit; (E) Travel expenses; (F) Alimony; (G) Mortgage; (H) Permanency plan or foster care plan; (I) Extraordinary expenses; (J) Nonspecific deviations; and (K) Parenting time; (9) The Final Child Support Order shall be the Presumptive Amount of Child Support as increased or decreased by Deviations. The final child support amount for each Parent shall be entered on the Child Support Worksheet, together with the information from each of the utilized schedules; (I 0) In addition, the Parents shall allocate the Uninsured Health Care Expenses which shall be based on the pro rata responsibility of the Parents or as otherwise ordered by the Court. Each Parent's pro rata responsibility for Uninsured Health Care Expenses shall be entered on the Child Support Worksheet; and (11) In a Split Parenting case, there shall be a separate calculation and Final Child Support Order for each Parent. (c) Applicability and required findings. ( 1) The child support guidelines contained in this Code section are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a Parent. This Code section shall be used when the Court enters a temporary or permanent child support order in a contested or noncontested hearing. The rebuttable Presumptive Amount of Child Support provided by this Code section may be increased according to the 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

590

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 (e) 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 sum certain amount and from which Parent the Child is entitled to permanent support as determined by use of the Worksheet; (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 finding ofthe Parent's Gross Income as determined by the Court or the jury; (D) Determine whether Health Insurance for the Child involved is reasonably available at a reasonable cost to either Parent. If the Health Insurance is reasonably available at a reasonable cost to the Parent, then the Court may order that the Child be covered under such Health Insurance; (E) Include written findings of fact as to whether one or more of the Deviations allowed under this Code section are applicable, and if one or more such Deviations are applicable as determined by the Court or the jury, the written fmdings of fact shall further set forth:
(i) The reasons the Court or the jury deviated from the Presumptive Amount of Child Support; (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and (iii) A finding that states how the Court's or the jury's application of the child support guidelines would be unjust or inappropriate considering the relative ability of each Parent to provide support and how the best interest of the Child who is subject to the child support determination is served by Deviation from the Presumptive Amount of Child Support; (F) Specify the amount of the Noncustodial Parent's parenting time as set forth in the order of visitation; and (G) Specify the percentage of Uninsured Health Care Expenses for which each Parent shall be responsible. (3) When child support is ordered, the party who is required to pay the child support shall not be liable to third persons for necessaries furnished to the Child embraced in the judgment or decree. In all cases, the parties shall submit to the Court their Worksheets and schedules and the presence or absence of other factors to be considered by the Court pursuant to the provisions of this Code section. (4) In any case in which the Gross Income of the Custodial Parent and the Noncustodial Parent is determined by a jury, the Court shall charge the provisions of this Code section applicable to the determination of Gross Income. The jury shall be required to return a special interrogatory

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determining Gross Income. Based upon the jury's verdict as to Gross Income, the Court shall determine the Presumptive Amount of Child Support in accordance with the provisions of this Code section. The Court shall inform the jury of the Presumptive Amount of Child Support and the identity of the Custodial and Noncustodial Parents. In the final instructions to the jury, the Court shall charge the provisions of this Code section applicable to the determination of Deviations and the jury shall be required to return a special interrogatory as to Deviations and the final award of child support. The Court shall include its findings and the jury's verdict on the Child Support Worksheet in accordance with this Code section and Code Section 19-5-12. (5) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement contrary to the Presumptive Amount of Child Support which may be made the order of the Court pursuant to 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. (6) In any case filed pursuant to Chapter 11 of this title, relating to the 'Child Support Recovery Act,' the 'Uniform Reciprocal Enforcement of Support Act,' or the 'Uniform Interstate Family Support Act,' the Court shall make all determinations offact, including Gross Income and Deviations, and a jury shall not hear any issue related to such cases. (d) Nature ofguidelines; Court's discretion. 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. (e) Duration of child support responsibility. 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 first occurs; provided, however, that, in any temporary, final, or modified 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 completing 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 child support provided in this subsection may be enforced by either Parent, by any Nonparent Custodian, by a guardian appointed to receive child support for the Child for whose benefit the child support is ordered, or by the Child for whose benefit the child support is ordered.

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(f) Gross Income.
(1) INCLUSION TO GROSS INCOME.
(A) ATTRIBUTABLE INCOME. Gross Income of each Parent shall be determined in the process of setting the Presumptive Amount of Child Support and shall include all income from any source, before deductions for taxes and other deductions such as Preexisting Orders for child support 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; (vii) Recurring income from pensions or retirement plans including, but not limited to, Veterans Administration, Railroad Retirement Board, Keoghs, 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 II 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) SELF-EMPLOYMENT INCOME. 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

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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 of home 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 or the jury 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 Court or the jury 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 of business income for tax purposes. (C) FRINGE BENEFITS. Fringe benefits for inclusion as income or 'in kind' remuneration received by a Parent in the course ofemployment, or operation of a trade or business, shall be counted as income ifthe benefits significantly reduce personal living expenses. Such fringe benefits might include, but are not limited to, use of a company car, housing, or room and board. Basic allowance for housing and subsistence and variable housing allowances for members of the armed services shall be considered income for the purposes of determining child support. 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. (D) VARIABLE INCOME. Variable income such as commissions, bonuses, overtime pay, and dividends shall be averaged by the Court or the jury 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 or the jury 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. (2) EXCLUSIONS FROM GROSS INCOME. Excluded from Gross Income are the following: (A) Child support payments received by either Parent for the benefit of a Child of another relationship; (B) 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;

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(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; and (C) A Nonparent Custodian's Gross Income. (3) SOCIAL SECURITY BENEFITS. (A) Benefits received under Title II of the federal Social Security Act by a Child on the obligor's account shall be counted as child support payments and shall be applied against the Final Child Support Order to be paid by the obligor for the Child. (B) After calculating the obligor's monthly Gross Income, including the countable Social Security benefits as specified in division (1 )(A)(xiii) ofthis subsection, and after calculating the amount of child support, if the Presumptive Amount of Child Support 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 Final Child Support Order in the case. (C) After calculating the obligor's monthly Gross Income, including the countable Social Security benefits as specified in division (1 )(A)(xiii) of this subsection, and after calculating the amount of child support, if the Presumptive Amount of Child Support is equal to or less than the Social Security benefits paid to the Nonparent Custodian or Custodial Parent on behalf of the Child on the obligor's account, the child support responsibility of that Parent is met and no further child support shall be paid. (D) Any benefit amounts under Title II of the federal Social Security Act as determined by the Social Security Administration sent to the Nonparent Custodian or Custodial Parent by the Social Security Administration for the Child s benefit which are greater than the Final Child Support Order shall be retained by the Nonparent Custodian or Custodial Parent for the Child's benefit and shall not be used as a reason for decreasing the Final Child Support Order or reducing arrearages. (E) The Court shall make a written finding of fact in the Final Child Support Order regarding the use of Social Security benefits in the calculation of the child support. (4) RELIABLE EVIDENCE OF INCOME. (A) IMPUTED INCOME. When establishing the amount 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 pay child support or ability to pay child support in prior years, and the Court or the jury has no other reliable evidence of the Parent's income or

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income potential, Gross Income for the current year shall be determined by imputing Gross Income based on a 40 hour workweek at minimum wage. (B) MODIFICATION. When cases with established orders are reviewed for modification and a Parent fails to produce reliable evidence ofincome, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child 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 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 Final Child Support Order was entered or last modified. (C) REHEARING. If income is imputed pursuant to subparagraph (A) of this paragraph, the party believing the income of the other party is higher than the amount imputed may provide within 90 days, upon motion to the Court, evidence necessary to determine the appropriate amount of child support based upon reliable evidence. A hearing shall be scheduled after the motion is filed. The Court may increase, decrease, or the amount of current child support may remain the same from the date of filing of either Parent's initial filing or motion for reconsideration. While the motion for reconsideration is pending, the obligor shall be responsible for the amount of child support originally ordered. Arrearages entered in the original child support order based upon imputed income shall not be forgiven. When there is reliable evidence to support a motion for reconsideration of the amount of income imputed, the party shall not be required to demonstrate the existence of a significant variance or other such factors required for modification of an order pursuant to subsection (k) of this Code section. (D) WILLFUL OR VOLUNTARY UNEMPLOYMENT OR UNDEREMPLOYMENT. In determining whether a Parent is willfully or voluntarily unemployed or underemployed, the Court or the jury shall ascertain the reasons for the Parent's occupational choices and assess the reasonableness ofthesechoices in light of the Parent's responsibility to support his or her Child and whether such choices benefit the Child. A determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support but can be based on any intentional choice or act that affects a Parent's income. In determining willful or voluntary unemployment or underemployment, the Court may examine whether there is a substantial likelihood that the Parent could, with reasonable effort, apply his or her education, skills, or training to produce income. Specific factors for the Court to consider when determining willful or 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;

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(iii) Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the Parent's responsibility to support his or her Child and, to this end, whether the training or education may ultimately benefit the Child in the case immediately under consideration by increasing the Parent's level of support for that Child 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; (v) The Parent's own health and ability to work outside the home; and (vi) The Parents role as caretaker of a Child of that Parent, a disabled or seriously ill Child of that Parent, or a disabled or seriously ill adult Child of that Parent, or any other disabled 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 the role of caretaker in the future. 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 factors:
(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 who is four years of age or younger. If the Court or the jury determines that a Parent is willfully or voluntarily unemployed or underemployed, child support shall be calculated based on a determination of earning capacity, 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. A determination of willful and voluntary unemployment or underemployment shall not be made when an individual is activated from theNational Guard or other armed forces unit or enlists or is drafted for full-time service in the armed forces of the United States. (5) ADJUSTMENTS TO GROSS INCOME. (A) SELF-EMPLOYMENT. One-half of the self-employment and Medicare taxes shall be calculated as follows: (i) Six and one-quarter percent of self-employment income up to the maximum amount to which federal old age, survivors, and disability insurance (OASDI) applies; plus

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(ii) One and forty-five one-hundredths of a percent of self-employment income for Medicare and this amount shall be deducted from a self-employed Parent's monthly Gross Income. (B) PREEXISTING ORDERS. An adjustment to the Parent's monthly Gross Income shall be made on the Child Support Schedule B -Adjusted Income 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 or such period that an order has been in effect ifless than 12 months prior to the date of the hearing before the Court to set, modify, or enforce child support. (i) 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; (ii) The priority for Preexisting Orders shall be determined by the date of the 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. In any modification proceeding, the Court rendering the decision shall make a specific finding of the date of the initial order of the case; (iii) Adjustments shall be 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 IV -D agency, as defined in Code Section 19-6-31, the Child Support Enforcement Agency's computer data base, the child support payment history, or canceled checks or other written proof of payments paid directly to the other Parent. 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; (iv) All Preexisting Orders shall be entered on the Child Support Schedule B- Adjusted Income for the purpose of calculating the total amount of the credit to be included on the Child Support Worksheet; and (v) Payments being made by a Parent on any arrearages shall not be considered payments on Preexisting 0 rders or sub sequent orders and shall not be used as a basis for reducing Gross Income. (C) THEORETICAL CHILD SUPPORT ORDERS. In addition to the adjustments to monthly Gross Income for self-employment taxes provided in subparagraph (A) of this paragraph and for Preexisting Orders provided in subparagraph (B) of this paragraph, credits for either Parent's other Qualified Child living in the Parent's home for whom the Parent owes a legal duty of support may be considered by the Court for the purpose of reducing the Parent's Gross Income. To consider a Parent's other Qualified Children for determining the Theoretical Child Support Order, a Parent shall

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present documentary evidence of the Parent-Child relationship to the Court. Adjustments to income pursuant to this paragraph may be considered in such circumstances in which the failure to consider a Qualified Child would cause substantial hardship to the Parent; provided, however, that such consideration of an adjustment shall be based upon the best interest of the Child for whom child support is being awarded. If the Court, in its discretion, decides to apply the Qualified Child adjustment, the Basic Child Support Obligation of the Parent for the number of other Qualified Children living with such Parent shall be determined based upon that Parent's monthly Gross Income. Except for self-employment taxes paid, no other amounts shall be subtracted from the Parent's monthly Gross Income when calculating a Theoretical Child Support Order under this subparagraph. The Basic Child Support Obligation for such Parent shall be multiplied by 75 percent and the resulting amount shall be subtracted from such Parent's monthly Gross Income and entered on the Child Support Schedule B Adjusted Income. (D) PRIORITY OF ADJUSTMENTS. In multiple family situations, the adjustments to a Parent's monthly Gross Income shall be calculated in the following order:
(i) Preexisting Orders according to the date of the initial order; and (ii) After applying the deductions on the Child Support Schedule B Adjusted Income for Preexisting Orders, if any, in subparagraph (A) of paragraph (4) of this subsection, any credit for a Parent's other Qualified Children may be considered using the procedure set forth in subparagraph (B) of this paragraph. (g) Parenting Time Adjustment. The Court or the jury may deviate from the Presumptive Amount of Child Support as set forth in subparagraph (i)(2)(K) of this Code section. (h) Adjusted support obligation. The Child Support Obligation Table does not include the cost of the Parent's Work Related Child Care Costs, Health Insurance premiums, or Uninsured Health Care Expenses. The additional expenses for the Child's Health Insurance premium and Work Related Child Care Costs shall be included in the calculations to determine child support. A Nonparent Custodian's expenses for Work Related Child Care Costs and Health Insurance premiums shall be taken into account when establishing a Final Child Support Order. ( 1) WORK RELATED CHILD CARE COSTS. (A) Work Related Child Care Costs 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 ifthe Parents and Child 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 Costs of a Nonparent Custodian shall be considered when determining the amount of this expense.

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(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 or a Nonparent Custodian shall be included in the calculation. (C) If either Parent is the provider of child care services to the Child for whom support is being determined, the value of those services shall not be an adjustment to the Basic Child Support Obligation when calculating the support award. (D) If child care is provided without charge to the Parent, the value of these services shall not be an adjustment to the Basic Child Support Obligation. If child care is or will be provided by a person who is paid for his or her services, proof of actual cost or payment shall be shown to the Court before the Court includes such payment in its consideration. (E) The amount of Work Related Child Care Costs shall be determined and added as an adjustment to the Basic Child Support Obligation as 'additional expenses' whether paid directly by the Parent or through a payroll deduction. (F) The total amount of Work Related Child Care Costs shall be divided between the Parents pro rata to determine the Presumptive Amount of Child Support and shall be included in the Worksheet and written order of the Court. (2) COST OF HEALTH INSURANCE PREMIUMS.
(A)(i) The amount that is, or will be, paid by a Parent for Health Insurance for the Child for whom support is being determined shall be an adjustment 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 shall not be included. When a Child for whom support is being determined is covered by a family policy, only the Health Insurance premium actually attributable to that Child shall be added. (ii) The amount of the cost for the Child's Health Insurance premium shall be determined and added as an adjustment to the Basic Child Support Obligation as 'additional expenses' whether paid directly by the Parent or through a payroll deduction. (iii) The total amount of the cost for the Child's Health Insurance premium shall be divided between the Parents pro rata to determine the total Presumptive Amount of Child Support and shall be included in the Child Support ScheduleD- Additional Expenses and written order of the Court together with the amount of the Basic Child Support Obligation. (B)(i) If Health Insurance that provides for the health care needs of the Child can be obtained by a Parent at reasonable cost, then an amount to cover the cost ofthe premium shall be added as an adjustment to the Basic Child Support Obligation. A Health Insurance premium paid by a Nonparent Custodian shall be included when determining the amount of Health Insurance expense. In determining the amount to be added to the order for the Health Insurance cost, only the amount of the Health

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Insurance cost attributable to the Child who is the subject of the order shall be included. (ii) If coverage is applicable to other persons and the amount of the Health Insurance premium attributable to the Child who is 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 who is the subject of the order under consideration is included. The amount of Health Insurance premium shall be determined by dividing the total amount of the insurance premium by the number of persons covered by the insurance policy and multiplying the resulting amount by the number of children covered by the insurance policy. The monthly cost of Health Insurance premium shall be entered on the Child Support Schedule D - Additional Expenses in the column of the Parent paying the premium. (iii) Eligibility for or enrollment of the Child in Medicaid or PeachC are for Kids Program shall not satisfy the requirement that the Final Child Support Order provide for the Child's health care needs. Health coverage through PeachCare for Kids Program and Medicaid shall not prevent a Court from ordering either or both Parents to obtain other Health Insurance. (3) UNINSURED HEALTH CARE EXPENSES. (A) The Child's Uninsured Health Care Expenses shall be the financial responsibility of both Parents. The Final Child Support Order shall include provisions for payment of the Uninsured Heath Care Expenses; provided, however, that the Uninsured Health Care Expenses shall not be used for the purpose of calculating the amount of child support. The Parents shall divide the Uninsured Health Care 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 Uninsured Health Care Expenses, as specified in the Final Child Support Order, within a reasonable time after receipt of evidence documenting the uninsured portion ofthe expense: (i) The other Parent or the Nonparent Custodian may enforce payment of the expense by any means permitted by law; or (ii) The Child Support Enforcement Agency shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a sum certain amount. (i) Grounds for Deviation. (1) GENERAL PRINCIPLES. (A) The amount of child support established by this Code section and the Presumptive Amount of Child Support are rebuttable and the Court or the jury may deviate from the Presumptive Amount of Child Support in compliance with this subsection. In deviating from the Presumptive Amount of Child Support, primary consideration shall be given to the best interest of

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the Child for whom support under this Code section is being determined. A Nonparent Custodian's expenses may be the basis for a Deviation. (B) When ordering a Deviation from the Presumptive Amount of Child Support, the Court or the jury shall consider all available income of the Parents and shall make written findings or special interrogatory findings that an amount of child support other than the amount calculated is reasonably necessary to provide for the needs of the Child for whom child support is being determined and the order or special interrogatory shall state:
(i) The reasons for the Deviation from the Presumptive Amount of Child Support; (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and (iii) How, in its determination:
(I) Application of the Presumptive Amount of Child Support would be unjust or inappropriate; and (II) The best interest ofthe Child for whom support is being determined will be served by Deviation from the Presumptive Amount of Child Support. (C) No Deviation in the Presumptive Amount of Child Support shall be made which seriously impairs the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing for the Child being supported by the order and to provide other basic necessities, as determined by the Court or the jury. (2) SPECIFIC DEVIATIONS. (A) HIGH INCOME. For purposes of this subparagraph, Parents are considered to be high-income Parents iftheir Combined Adjusted Income exceeds $30,000.00 per month. For high-income Parents, the Court shall set the Basic Child Support Obligation at the highest amount allowed by the Child Support Obligation Table but the Court or the jury may consider upward Deviation to attain an appropriate award of child support for high-income Parents which is consistent with the best interest of the Child. (B) Low INCOME. For purposes of this subparagraph, 'low income person' means a Parent whose annual Gross Income is at or below $1,850.00 per month. (i) If the Noncustodial Parent is a low income person and requests a Deviation on such basis, the Court or the jury shall determine if the Noncustodial Parent will be financially able to pay the child support order and maintain at least a minimum standard of living by calculating a self-support reserve as set forth in division (ii) of this subparagraph. The Court or the jury shall take into account all nonexcluded sources of income available to each Parent and all reasonable expenses of each Parent, ensuring that such expenses are actually paid by the Parent and are clearly justified expenses. The Court or the jury shall also consider the financial impact that a reduction in the amount of child support paid to the

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Custodial Parent would have on the Custodial Parent's household. Under no circumstances shall the amount of child support awarded to the Custodial Parent impair the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing and provide for other basic necessities for the child being supported by the court order. (ii) To calculate the self-support reserve for the Noncustodial Parent, the Court or the jury shall deduct $900.00 from the Noncustodial Parent's Adjusted Income. If the resulting amount is less than the Noncustodial Parent's pro rata responsibility of the Presumptive Amount of Child Support, the Court or the jury may deviate from the amount of support provided for in the Child Support Obligation Table to the resulting amount. If the child support award amount would be less than $75.00, then the minimum child support order amount shall be $75.00. (iii) If the Custodial Parent is a low income person, the Court or the jury shall subtract $900.00 from the Custodial Parent's Adjusted Income. If the resulting amount is less than the Custodial Parent's pro rata responsibility of the Presumptive Amount of Child Support, the Court or the jury shall not deviate from the amount of support required to be paid by the Noncustodial Parent as provided for in the Child Support Obligation Table. (iv) The self-support reserve calculation described in this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce an obligor's arrears. (v) The Court shall make a written finding in its order or the jury shall find by special interrogatory that the low income Deviation from the Presumptive Amount of Child Support is clearly justified based upon the considerations and calculations described in this subparagraph. (C) OTHER HEALTH-RELATED INSURANCE. If the Court or the jury finds that either Parent has vision or dental insurance available at a reasonable cost for the Child, the Court may deviate from the Presumptive Amount of Child Support for the cost of such insurance. (D) LIFE INSURANCE. In accordance with Code Section 19-6-34, if the Court or the jury finds that either Parent has purchased life insurance on the life of either Parent or the lives of both Parents for the benefit of the Child, the Court may deviate from the Presumptive Amount of Child Support for the cost of such insurance by either adding or subtracting the amount of the premium. (E) CHILD AND DEPENDENT CARE TAX CREDIT. If the Court or the jury finds that one of the Parents is entitled to the Child and Dependent Care Tax Credit, the Court or the jury may deviate from the Presumptive Amount of Child Support in consideration of such credit. (F) TRAVEL EXPENSES. If court ordered visitation related travel expenses are substantial due to the distance between the Parents, the Court may order the allocation of such costs or the jury may by a finding in its special interrogatory allocate such costs by Deviation from the Presumptive Amount

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of Child Support, taking into consideration the circumstances of the respective Parents as well as which Parent moved and the reason for such move. (G) ALIMONY. Actual payments of alimony shall not be considered as a deduction from Gross Income but may be considered as a Deviation from the Presumptive Amount of Child Support. Ifthe Court or the jury considers the actual payment of alimony, the Court shall make a written finding of such consideration or the jury in its special interrogatory of such consideration as a basis for Deviation from the Presumptive Amount of Child Support. (H) MORTGAGE. If the Noncustodial Parent is providing shelter, such as paying the mortgage of the home, or has provided a home at no cost to the Custodial Parent in which the Child resides, the Court or the jury may allocate such costs or an amount equivalent to such costs by Deviation from the Presumptive Amount of Child Support, taking into consideration the circumstances of the respective Parents and the best interest of the Child. (I) PERMANENCY PLAN OR FOSTER CARE PLAN. In cases where the Child is 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 or the jury may consider a Deviation from the Presumptive Amount of Child Support if the Deviation will assist in accomplishing a permanency plan or foster care plan for the Child that has a goal of returning the Child 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 clearly justifies a Deviation for this purpose. (J) EXTRAORDINARY EXPENSES. The Child Support Obligation Table includes average child rearing expenditures for families given the Parents' Combined Adjusted Income and number of children. Extraordinary expenses are in excess of average amounts estimated in the Child Support Obligation Table and are highly variable among families. Extraordinary expenses shall be considered on a case-by-case basis in the calculation of support and may form the basis for Deviation from the Presumptive Amount of Child Support 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. Extraordinary expenses shall be prorated between the Parents.
(i) Extraordinary educational expenses. Extraordinary educational expenses may be a basis for Deviation from the Presumptive Amount of Child Support. 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 of the Child if the Parents and the Child were living together.
(I) In determining the amount of Deviation for extraordinary educational expenses, scholarships, grants, stipends, and other

604

GENERAL ACTS AND RESOLUTIONS, VOL. I

cost-reducing programs received by or on behalf of the Child shall be considered; and (II) If a Deviation is allowed for extraordinary educational expenses, a monthly average of the extraordinary educational expenses shall be based on evidence of prior or anticipated expenses and entered on the Child Support Schedule E -Deviations. (ii) Special expenses incurred for child rearing. Special expenses incurred for child rearing, including, but not limited to, quantifiable expense variations related to the food, clothing, and hygiene costs of children at different age levels, may be a basis for a Deviation from the Presumptive Amount of Child Support. Such expenses include, but are not limited to, summer camp; music or art lessons; travel; school sponsored extracurricular activities, such as band, clubs, and athletics; and other activities intended to enhance the athletic, social, or cultural development of a Child but not otherwise required to be used in calculating the Presumptive Amount of Child Support as are Health Insurance premiums and Work Related Child Care Costs. A portion ofthe Basic Child Support Obligation is intended to cover average amounts of special expenses incurred in the rearing of a Child. In order to determine if a Deviation for special expenses is warranted, the Court or the jury shall consider the full amount of the special expenses as described in this division; and when these special expenses exceed 7 percent of the Basic Child Support Obligation, then the additional amount of special expenses shall be considered as a Deviation to cover the full amount of the special expenses. (iii) Extraordinary medical expenses. In instances of extreme economic hardship involving extraordinary medical expenses not covered by insurance, the Court or the jury may consider a Deviation from the Presumptive Amount of Child Support for extraordinary medical expenses. Such expenses may include, but are not limited to, extraordinary medical expenses of the Child, a Parent, or a Child of a Parent's current family; provided, however, that any such Deviation: (I) Shall not act to leave a Child unsupported; and (II) May be ordered for a specific period of time measured in months. When extraordinary medical expenses are claimed, the Court or the jury shall consider the resources available for meeting such needs, including sources available from agencies and other adults. (K) PARENTING TIME. (i) The Child Support Obligation Table is based upon expenditures for a Child in intact households. The Court may order or the jury may find by special interrogatory a Deviation from the Presumptive Amount of Child Support when special circumstances make the Presumptive Amount of Child Support excessive or inadequate due to extended parenting time or when the Child resides with both Parents equally.

GEORGIA LAWS 2006 SESSION

605

(ii) If the Court or the jury determines that a parenting time Deviation is applicable, then such Deviation shall be applied to the Noncustodial Parent's Basic Child Support Obligation. (iii) In accordance with subsection (d) ofCode Section 19-11-8, if any action or claim for parenting time is brought under this subparagraph, it shall be an action or claim solely between the Custodial Parent and the Noncustodial Parent, and not any third parties, including the Child Support Enforcement Agency. (3) NONSPECIFIC DEVIATIONS. Deviation from the Presumptive Amount of Child Support may be appropriate for reasons in addition to those established under this subsection when the Court or the jury finds it is in the best interest of the Child. If the circumstances which supported the Deviation cease to exist, the Final Child Support Order may be modified as set forth in subsection (k) of this Code section to eliminate the Deviation. U) Involuntary loss ofincome. (1) 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 service of the petition for modification, provided that service is made on the other Parent. It shall not be considered an involuntary termination of employment if the Parent has left the employer without good cause in connection with the Parent's most recent work. (2) In the event a modification action is filed pursuant to this subsection, the Court shall make every effort to expedite hearing such action. (3) 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 final adjustment at the end of the phase-in period. in the new child support award over a period of up to two years 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 final adjustment at the end of the phase-in period. (k) Modification. (1) Except as provided in paragraph (2) of this subsection, a Parent shall not have the right to petition for modification ofthe child support award regardless of the length of time since the establishment of the child support award unless there is a substantial change in either Parents' income and financial status or the needs of the Child. (2) No petition to modify child support may be filed by either Parent within a period of two years from the date of the final order on a previous petition to modify by the same Parent except where:

606

GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) A Noncustodial Parent has failed to exercise the court ordered visitation; (B) A Noncustodial Parent has exercised a greater amount ofvisitation than was provided in the court order; or (C) The motion to modify is based upon an involuntary loss of income as set forth in subsection U) of this Code section. (3)(A) Ifthere is a difference of at least 15 percent but less than 30 percent between a new award and a Georgia child support order entered prior to January 1, 2007, 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 ofnot less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (B) If there is a difference of 30 percent or more between a new award and a Georgia child support order entered prior to January 1, 2007, the Court may, at its discretion, phase in the new child support award over a period of up to two years 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 final adjustment at the end of the phase-in period. (C) All IV -D case reviews and modifications shall proceed and be governed by Code Section 19-11-12. Subsequent changes to the Child Support Obligation Table shall be a reason to request a review for modification from the IV-D agency to the extent that such changes are consistent with the requirements of Code Section 19-11-12. (4) A petition for modification shall be filed and returnable under the same rules ofprocedure applicable to divorce proceedings. A jury may be demanded on a petition for modification but the jury shall only be responsible for determining a Parent's Gross Income and any Deviations. In the hearing upon a petition for modification, testimony may be given and evidence introduced relative to the change of circumstances, income and financial status of either Parent, or in the needs of the Child. After hearing both parties and the evidence, the Court may modify and revise the previous judgment, in accordance with the changed circumstances, income and financial status of either Parent, or in the needs of the Child, if such change or changes are satisfactorily proven so as to warrant the modification and revision and such modification and revisions are in the Child's best interest. The Court shall enter a written order specifying the basis for the modification, if any, and shall include all of the information set forth in paragraph (2) of subsection (c) ofthis Code section. (5) In proceedings for the modification of a child support award pursuant to the provisions ofthis Code section, the Court may award attorney's fees, costs, and expenses oflitigation to the prevailing party as the interests ofjustice 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

GEORGIA LAWS 2006 SESSION

607

willing to exercise court ordered visitation, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to the Custodial Parent. (I) Split Parenting. In cases of Split Parenting, a Worksheet shall be prepared separately for the Child for whom the father is the Custodial Parent and for the Child for whom the mother is the Custodial Parent, and that Worksheet shall be filed with the clerk of court. For each Split Parenting custodial situation, the Court shall determine: ( l) Which Parent is the obligor; (2) The Presumptive Amount of Child Support; (3) The actual award of child support, if different from the Presumptive Amount of Child Support; (4) How and when the sum certain amount of child support owed shall be paid; and (5) Any other child support responsibilities for each Parent. (m) Worksheets. (l) The Child Support Worksheet is used to record information necessary to determine and calculate child support. Schedules and Worksheets shall be prepared by the parties for purposes ofcalculating the amount of child support. Information from the schedules shall be entered on the Child Support Worksheet. The Child Support Worksheet and Schedule E shall be attached to the final court order or judgment, and any schedules completed by the parties shall be filed with the clerk of court. (2) The Child Support Worksheet and schedules shall be promulgated by the Georgia Child Support Commission. (n) Child Support Obligation Table. The Child Support Obligation Table shall be proposed by the Georgia Child Support Commission and shall be as codified in subsection (o) of this Code section. (o) Georgia Schedule ofBasic Child Support Obligations.
Georgia Schedule of Basic Child Support Obligations

Combined Adjusted Income

One Child

Two Children

Three Children

Four Children

Five Children

Six Children

$ 800.00 $ 197.00 $ 283.00 $ 330.00 $ 367.00

$ 404.00 $ 440.00

850.00

208.00

298.00

347.00

387.00

425.00

463.00

900.00

218.00

313.00

364.00

406.00

447.00

486.00

950.00

229.00

328.00

381.00

425.00

468.00

509.00

1,000.00

239.00

343.00

398.00

444.00

489.00

532.00

1,050.00

250.00

357.00

415.00

463.00

510.00

554.00

1,100.00

260.00

372.00

432.00

482.00

530.00

577.00

608

GENERAL ACTS AND RESOLUTIONS, VOL. I

1,150.00 1,200.00 I ,250.00 I ,300.00 1,350.00 1,400.00 1,450.00 1,500.00 1,550.00 1,600.00 1,650.00 1,700.00 I ,750.00 I ,800.00 I ,850.00 1,900.00 1,950.00 2,000.00 2,050.00 2, I 00.00 2,150.00 2,200.00 2,250.00 2,300.00 2,350.00 2,400.00 2,450.00 ~00~_()

270.00 280.00 291.00 301.00 311.00 321.00 331.00 340.00 350.00 360.00 369.00 379.00 389.00 398.00 408.00 418.00 427.00 437.00 446.00 455.00 465.00 474.00 483.00 492.00 501.00 510.00 519.00 528.00

387.00 401.00 416.00 431.00 445.00 459.00 473.00 487.00 500.00 514.00 528.00 542.00 555.00 569.00 583.00 596.00 610.00 624.00 637.00 650.00 663.00 676.00 688.00 701.00 714.00 727.00 740.00 752.00

449.00 466.00 483.00 500.00 517.00 533.00 549.00 565.00 581.00 597.00 612.00 628.00 644.00 660.00 676.00 692.00 708.00 723.00 739.00 754.00 769.00 783.00 798.00 813.00 828.00 843.00 858.00 873.00

501.00 520.00 539.00 558.00 577.00 594.00 612.00 630.00 647.00 665.00 683.00 701.00 718.00 736.00 754.00 771.00 789.00 807.00 824.00 840.00 857.00 873.00 890.00 907.00 923.00 940.00 956.00 973.00

551.00 572.00 593.00 614.00 634.00 654.00 673.00 693.00 712.00 732.00 751.00 771.00 790.00 809.00 829.00 848.00 868.00 887.00 906.00 924.00 943.00 961.00 979.00 997.00 1,016.00 I ,034.00 I ,052.00 I ,070.00

600.00 622.00 645.00 668.00 690.00 711.00 733.00 754.00 775.00 796.00 817.00 838.00 860.00 881.00 902.00 923.00 944.00 965.00 986.00 1,006.00 1,026.00 1,045.00 1,065.00 1,085.00 1,105.00 1,125.00 1,145.00
I~

GEORGIA LAWS 2006 SESSION

609

2,550.00 2,600.00 2,650.00 2, 700.00 2, 750.00 2,800.00 2,850.00 2,900.00 2,950.00 3,000.00 3,050.00 3,100.00 3,150.00 3,200.00 3,250.00 3,300.00 3,350.00 3,400.00 3,450.00 3,500.00 3,550.00 3,600.00 3,650.00 3, 700.00 3, 750.00 3,800.00 3,850.00 3,900.00

537.00 547.00 556.00 565.00 574.00 583.00 592.00 601.00 611.00 620.00 629.00 638.00 647.00 655.00 663.00 671.00 679.00 687.00 694.00 702.00 710.00 718.00 726.00 734.00 741.00 749.00 756.00 764.00

765.00 778.00 791.00 804.00 816.00 829.00 842.00 855.00 868.00 881.00 893.00 906.00 919.00 930.00 941.00 952.00 963.00 974.00 985.00 996.00 1,008.00 1,019.00 I ,030.00 I ,041.00 1,051.00 1,062.00 1,072.00 1,083.00

888.00 902.00 917.00 932.00 947.00 962.00 977.00 992.00 1,006.00 1,021.00 1,036.00 1,051.00 1,066.00 1,079.00 1,092.00 1,104.00 1,117.00 1,130.00 1,143.00 1,155.00 1,168.00 1,181.00 1,194.00 1,207.00 1,219.00 1,231.00 1,243.00 1,255.00

990.00 I ,006.00 I ,023.00 I ,039.00 1,056.00 1,073.00 1,089.00 1,106.00 1,122.00 1,139.00 1,155.00 1,172.00 1,188.00 1,203.00 1,217.00 1,231.00 1,246.00 1,260.00 I ,274.00 I ,288.00 1,303.00 1,317.00 1,331.00 1,345.00 1,359.00 1,373.00 1,386.00 1,400.00

1,089.00 1,107.00 1,125.00 1,143.00 1,162.00 1,180.00 1,198.00 1,216.00 1,234.00 1,253.00 1,271.00 1,289.00 1,307.00 1,323.00 1,339.00 1,355.00 1,370.00 1,386.00 I ,402.00 1,417.00 1,433.00 1,448.00 1,464.00 1,480.00 I ,495.00 1,510.00 1,525.00 1,540.00

I, 184.00 1,204.00 I ,224.00 1,244.00 I ,264.00 1,284.00 1,303.00 1,323.00 1,343.00 1,363.00 I ,383.00 1,402.00 1,422.00 I ,440.00 I ,457.00 1,474.00 1,491.00 1,508.00 I ,525.00 1,542.00 1,559.00 I ,576.00 1,593.00 1,610.00 I ,627.00 I ,643.00 I ,659.00 1,675.00

610

GENERAL ACTS AND RESOLUTIONS, VOL. I

3,950.00 4,000.00 4,050.00 4,100.00 4,150.00 4,200.00 4,250.00 4,300.00 4,350.00 4,400.00 4,450.00 4,500.00 4,550.00 4,600.00 4,650.00 4,700.00 4, 750.00 4,800.00 4,850.00 4,900.00 4,950.00 5,000.00 5,050.00 5,100.00 5,150.00 5,200.00 5,250.00 5,300.00
-

771.00 779.00 786.00 794.00 801.00 809.00 816.00 824.00 831.00 839.00 846.00 853.00 861.00 868.00 876.00 883.00 891.00 898.00 906.00 911.00 914.00 917.00 921.00 924.00 927.00 930.00 934.00 937.00

I ,093.00 1,104.00 1,114.00 1,125.00 1,135.00 1,146.00 1,156.00 1,167.00 1,177.00 1,188.00 1,198.00 I ,209.00 1,219.00 I ,230.00 1,240.00 1,251.00 1,261.00 I ,271.00 1,282.00 1,289.00 1,293.00 1,297.00 1,300.00 I ,304.00 I ,308.00 1,312.00 1,316.00 1,320.00

I ,267.00 I ,280.00 1,292.00 I ,304.00 1,316.00 I ,328.00 I ,340.00 I ,352.00 I ,364.00 1,376.00 1,388.00 1,400.00 1,412.00 1,425.00 I ,43 7.00 1,449.00 1,461.00 1,473.00 I ,485.00 I ,493.00 1,496.00 1,500.00 I ,503.00 I ,507.00 1,510.00 1,514.00 1,517.00 I ,521.00

1,413.00 1,427.00 I ,440.00 1,454.00 1,467.00 I ,481.00 1,494.00 1,508.00 I ,521.00 I ,534.00 I ,548.00 I ,561.00 1,575.00 I ,588.00 1,602.00 1,615.00 1,629.00 1,642.00 I ,656.00 I ,664.00 1,668.00 1,672.00 I ,676.00 I ,680.00 I ,684.00 I ,688.00 1,692.00 I ,696.00

1,555.00 I ,569.00 1,584.00 1,599.00 1,614.00 1,629.00 1,643.00 1,658.00 1,673.00 I ,688.00 1,703.00 1,718.00 1'732.00 1,747.00 I, 762.00 1,777.00 I, 792.00 I ,807.00 I ,821.00 1,831.00 1,835.00 1,839.00 1,844.00 I ,848.00 1,852.00 I ,857.00 I ,861.00 1,865.00

I ,691.00 1,707.00 I ,724.00 I ,740.00 I, 756.00 1,772.00 I, 788.00 1,804.00 1,820.00 I ,836.00 1,853.00 1,869.00 1,885.00 1,901.00 1,917.00 I ,933.00 1,949.00 1,966.00 I ,982.00 1,992.00 1,997.00 2,001.00 2,006.00 2,011.00 2,015.00 2,020.00 I 2,025.00 2,0~

GEORGIA LAWS 2006 SESSION

611

5,350.00 5,400.00 5,450.00 5,500.00 5,550.00 5,600.00 5,650.00 5, 700.00 5,750.00 5,800.00 5,850.00 5,900.00 5,950.00 6,000.00 6,050.00 6,100.00 6,150.00 6,200.00 6,250.00 6,300.00 6,350.00 6,400.00 6,450.00 6,500.00 6,550.00 6,600.00 6,650.00 6,700.00

940.00 943.00 947.00 950.00 953.00 956.00 960.00 964.00 968.00 971.00 975.00 979.00 983.00 987.00 991.00 995.00 999.00 1,003.00 1,007.00 1,011.00 1.015.00 1,018.00 1,023.00 1,027.00 1,031.00 1,035.00 1,039.00 1,043.00

1,323.00 1,327.00 1,331.00 1,335.00 1,339.00 1,342.00 1,347.00 1,352.00 1,357.00 1,363.00 1,368.00 1,373.00 1,379.00 1,384.00 1,389.00 1,394.00 1,400.00 1,405.00 1,410.00 1,416.00 1,421.00 1,426.00 1,432.00 1,437.00 1,442.00 1,448.00 1,453.00 1,459.00

1,524.00 I ,528.00 1,531.00 1,535.00 1,538.00 1,542.00 1,546.00 1,552.00 I ,558.00 1,564.00 I ,570.00 1,575.00 1,581.00 1,587.00 1,593.00 1,599.00 1,605.00 1,610.00 1,616.00 1,622.00 1,628.00 1,633.00 1,639.00 1,646.00 1,652.00 1,658.00 1,664.00 1,670.00

1'700.00 1,704.00 I ,708.00 1,711.00 1,715.00 1,719.00 1,724.00 1,731.00 1,737.00 I, 744.00 1,750.00 1,757.00 1, 763.00 1,770.00 1,776.00 1,783.00 1,789.00 I, 796.00 1,802.00 1,809.00 1,815.00 1,821.00 1,828.00 1,835.00 1,841.00 1,848.00 1,855.00 1,862.00

1,870.00 1,874.00 1,878.00 1,883.00 1,887.00 1,891.00 I ,896.00 1,904.00 1,911.00 1,918.00 1,925.00 1,932.00 1,939.00 1,947.00 1,954.00 I ,961.00 1,968.00 1,975.00 1,982.00 1,989.00 1,996.00 2,003.00 2,011.00 2,018.00 2,026.00 2,033.00 2,040.00 2,048.00

2,034.00 2,039.00 2,044.00 2,048.00 2,053.00 2,058.00 2,063.00 2,071.00 2,079.00 2,087.00 2,094.00 2,102.00 2,110.00 2,118.00 2,126.00 2,133.00 2,141.00 2,149.00 2,157.00 2,164.00 2,172.00 2,180.00 2,188.00 2,196.00 2,204.00 2,212.00 2,220.00 2,228.00

612

GENERAL ACTS AND RESOLUTIONS, VOL. I

6, 750.00 6,800.00 6,850.00 6,900.00 6,950.00 7,000.00 7,050.00 7,100.00 7,150.00 7,200.00 7,250.00 7,300.00 7,350.00 7,400.00 7,450.00 7,500.00 7,550.00 7,600.00 7,650.00 7, 700.00 7,750.00 7,800.00 7,850.00 7,900.00 7,950.00 8,000.00 8,050.00 8,100.00

1,047.00 1,051.00 1,055.00 I ,059.00 1,063.00 1,067.00 I ,071.00 1,075.00 1,079.00 I ,083.00 I ,087.00 1,092.00 I ,096.00 1,100.00 1,104.00 1,108.00 1,112.00 1,116.00 1,117.00 1,118.00 1,119.00 1,120.00 1,122.00 1,123.00 1,124.00 1,125.00 1,127.00 1,128.00

1,464.00 I ,4 70.00 1,475.00 I ,480.00 1,486.00 1,491.00 1,497.00 I ,502.00 I ,508.00 1,513.00 1,518.00 I ,524.00 I ,529.00 1,535.00 I ,540.00 I ,546.00 I ,552.00 I ,556.00 I ,557.00 1,559.00 1,560.00 I ,562.00 1,563.00 1,565.00 1,566.00 1,567.00 1,569.00 I ,570.00

I ,676.00 I ,682.00 I ,688.00 I ,694.00 I, 700.00 I, 706.00 1,712.00 1,718.00 1,724.00 I ,730.00 I ,736.00 I ,742.00 I, 748.00 1,755.00 I, 761.00 I, 767.00 1,773.00 I ,778.00 1,779.00 I, 781.00 I, 782.00 I ,784.00 1,785.00 1,786.00 1,788.00 1,789.00 1, 7 9 0 . 0 0 1,792.00

I ,869.00 I ,875.00 1,882.00 I ,889.00 I ,896.00 1,902.00 1,909.00 1,916.00 1,923.00 1,929.00 I ,936.00 I ,943.00 I ,950.00 I ,956.00 I ,963.00 I ,970.00 I ,977.00 I ,983.00 I ,984.00 I ,986.00 I ,987.00 I ,989.00 I ,990.00 1,992.00 1,993.00 1,995.00 1,996.00 1,998.00

2,055.00 2,063.00 2,070.00 2,078.00 2,085.00 2,092.00 2,100.00 2,107.00 2,115.00 2,122.00 2,130.00 2,137.00 2,144.00 2,152.00 2,159.00 2,167.00 2,175.00 2,181.00 2,182.00 2,184.00 2,186.00 2,188.00 2,189.00 2,191.00 2,193.00 2,194.00 2,196.00 2,198.00

2,236.00 2,244.00 2,252.00 2,260.00 2,269.00 2,277.00 2,285.00 2,293.00 2,301.00 2,309.00 2,317.00 2,325.00 2,333.00 2,341.00 2,349.00 2,357.00 2,366.00 2,373.00 2,375.00 2,376.00 2,378.00 2,380.00 2,382.00 2,384.00 2,386.00 2,387.00 2,389.00 2,391.0~

GEORGIA LAWS 2006 SESSION

613

8,150.00 8,200.00 8,250.00 8,300.00 8,350.00 8,400.00 8,450.00 8,500.00 8,550.00 8,600.00 8,650.00 8,700.00 8, 750.00 8,800.00 8,850.00 8,900.00 8,950.00 9,000.00 9,050.00 9,100.00 9,150.00 9,200.00 9,250.00 9,300.00 9,350.00 9,400.00 9,450.00 9,500.00

1,129.00 1,130.00 1,131.00 1,133.00 1,134.00 1,135.00 1,136.00 1,138.00 1,139.00 1,140.00 1,141.00 1,142.00 I, 144.00 1,145.00 1,146.00 1,147.00 1,149.00 1,150.00 1,153.00 1,159.00 1,164.00 1,170.00 1,175.00 1,181.00 1,187.00 1,192.00 1,198.00 1,203.00

I ,572.00 1,573.00 1,575.00 1,576.00 I ,578.00 1,579.00 1,580.00 1,582.00 1,583.00 1,585.00 I ,586.00 1,588.00 1,589.00 1,591.00 1,592.00 1,593.00 1,595.00 I ,596.00 1,601.00 1,609.00 1,617.00 I ,624.00 I ,632.00 1,640.00 1,648.00 I ,656.00 1,663.00 1,671.00

1,793.00 1,795.00 1'796.00 1,797.00 I ,799.00 1,800.00 I ,802.00 1,803.00 1,804.00 I ,806.00 I ,807.00 1,808.00 1,810.00 1,811.00 1,813.00 1,814.00 1,815.00 1,817.00 I ,822.00 1,831.00 I ,840.00 I ,849.00 1,858.00 I ,867.00 1,876.00 1,885.00 I ,894.00 I ,902.00

1,999.00 2,001.00 2,003.00 2,004.00 2,006.00 2,007.00 2,009.00 2,010.00 2,012.00 2,013.00 2,015.00 2,016.00 2,018.00 2,019.00 2,021.00 2,023.00 2,024.00 2,026.00 2,032.00 2,042.00 2,052.00 2,062.00 2,071.00 2,081.00 2,091.00 2,101.00 2,111.00 2,121.00

2,199.00 2,201.00 2,203.00 2,204.00 2,206.00 2,208.00 2,210.00 2,211.00 2,213.00 2,215.00 2,216.00 2,218.00 2,220.00 2,221.00 2,223.00 2,225.00 2,226.00 2,228.00 2,235.00 2,246.00 2,257.00 2,268.00 2,279.00 2,290.00 2,301.00 2,311.00 2,322.00 2,333.00

2,393.00 2,395.00 2,397.00 2,398.00 2,400.00 2,402.00 2,404.00 2,406.00 2,408.00 2,410.00 2,411.00 2,413.00 2,415.00 2,417.00 2,419.00 2,421.00 2,422.00 2,424.00 2,431.00 2,443.00 2,455.00 2,467.00 2,479.00 2,491.00 2,503.00 2,515.00 2,527.00 2,539.00

614

GENERAL ACTS AND RESOLUTIONS, VOL. I

9,550.00 9,600.00 9,650.00 9,700.00 9, 750.00 9,800.00 9,850.00 9,900.00 9,950.00 10,000.00 10,050.00 10,100.00 I 0,150.00 10,200.00 I 0,250.00 10,300.00 10,350.00 10,400.00 I 0,450.00 I 0,500.00 10,550.00 10,600.00 10,650.00 10,700.00 I 0,750.00 I 0,800.00 10,850.00 10,900.00

1,209.00 1,214.00 I ,220.00 1,226.00 1,231.00 1,237.00 1,242.00 I ,248.00 1,253.00 I ,259.00 1,264.00 1,270.00 I ,276.00 I ,281.00 I ,287.00 1,292.00 I ,298.00 1,303.00 1,309.00 1,313.00 1,317.00 I ,321.00 1,325.00 1,329.00 1,332.00 I ,336.00 I ,340.00 1,344.00

1,679.00 1,687.00 1,694.00 1,702.00 1,710.00 1,718.00 1,725.00 1,733.00 1,741.00 1,749.00 1,757.00 I, 764.00 1,772.00 I ,780.00 I, 788.00 1,795.00 I ,803.00 1,81!.00 1,819.00 1,825.00 1,830.00 1,835.00 1,841.00 I ,846.00 1,851.00 1,856.00 1,862.00 1,867.00

1,911.00 I ,920.00 I ,929.00 I ,938.00 1,947.00 I, 956.00 1,965.00 I ,974.00 1,983.00 I ,992.00 2,001.00 2,0 I0.00 2,019.00 2,028.00 2,036.00 2,045.00 2,054.00 2,063.00 2,072.00 2,079.00 2,085.00 2,091.00 2,096.00 2,102.00 2,108.00 2,114.00 2,120.00 2,126.00

2,131.00 2,141.00 2,151.00 2,161.00 2,171.00 2,181.00 2,191.00 2,201.00 2,211.00 2,221.00 2,231.00 2,241.00 2,251.00 2,261.00 2,271.00 2,281.00 2,291.00 2,301.00 2,311.00 2,318.00 2,325.00 2,331.00 2,338.00 2,344.00 2,351.00 2,357.00 2,364.00 2,370.00

2,344.00 2,355.00 2,366.00 2,377.00 2,388.00 2,399.00 2,410.00 2,421.00 2,432.00 2,443.00 2,454.00 2,465.00 2,476.00 2,487.00 2,498.00 2,509.00 2,520.00 2,531.00 2,542.00 2,550.00 2,557.00 2,564.00 2,571.00 2,578.00 2,586.00 2,593.00 2,600.00 2,607.00

2,551.00 2,563.00 2,574.00 2,586.00 2,598.00 2,610.00 2,622.00 2,634.00 2,646.00 2,658.00 2,670.00 2,682.00 2,694.00 2,706.00 2,718.00 2,729.00 2, 741.00 2,753.00 2,765.00 2,774.00 2,782.00 2, 790.00 2, 798.00
- 2,805.00
2,813.00 2,821.00 2 829.00
-,
-2,836.00

GEORGIA LAWS 2006 SESSION

615

10,950.00 11,000.00 11,050.00 11,100.00 11,150.00 11,200.00 11,250.00 11,300.00 II ,350.00 11,400.00 11,450.00 11,500.00 11,550.00 11,600.00 II ,650.00 II, 700.00 II, 750.00 11,800.00 11,850.00 11,900.00 11,950.00 12,000.00 12,050.00 12,100.00 12,150.00 12,200.00 12,250.00 12,300.00

I ,348.00 1,351.00 I ,355.00 1,359.00 1,363.00 I ,367.00 1,371.00 I ,374.00 I ,378.00 1,382.00 1,386.00 1,390.00 I ,394.00 1,397.00 1,401.00 1,405.00 1,409.00 1,413.00 1,417.00 1,420.00 1,424.00 1,428.00 1,432.00 1,436.00 1,439.00 1,443.00 1,447.00 1,451.00

1,872.00 1,877.00 1,883.00 I ,888.00 1,893.00 I ,898.00 1,904.00 1,909.00 1,914.00 1,919.00 I ,925.00 I ,930.00 1,935.00 1,940.00 1,946.00 I ,951.00 I ,956.00 1,961.00 1,967.00 1,972.00 1,977.00 1,982.00 I ,988.00 1,993.00 1,998.00 2,003.00 2,009.00 2,014.00

2,131.00 2,137.00 2,143.00 2,149.00 2,155.00 2,161.00 2,166.00 2,172.00 2,178.00 2,184.00 2,190.00 2,195.00 2,201.00 2,207.00 2,213.00 2,219.00 2,225.00 2,230.00 2,236.00 2,242.00 2,248.00 2,254.00 2,260.00 2,265.00 2,271.00 2,277.00 2,283.00 2,289.00

2,377.00 2,383.00 2,390.00 2,396.00 2,403.00 2,409.00 2,415.00 2,422.00 2,428.00 2,435.00 2,441.00 2,448.00 2,454.00 2,461.00 2,467.00 2,474.00 2,480.00 2,487.00 2,493.00 2,500.00 2,506.00 2,513.00 2,519.00 2,526.00 2,532.00 2,539.00 2,545.00 2,552.00

2,614.00 2,621.00 2,628.00 2,636.00 2,643.00 2,650.00 2,657.00 2,664.00 2,671.00 2,678.00 2,686.00 2,693.00 2,700.00 2,707.00 2,714.00 2, 721.00 2,728.00 2, 736.00 2,743.00 2, 750.00 2, 757.00 2,764.00 2, 771.00 2,779.00 2, 786.00 2,793.00 2,800.00 2,807.00

2,844.00 2,852.00 2,860.00 2,868.00 2,875.00 2,883.00 2,891.00 2,899.00 2,906.00 2,914.00 2,922.00 2,930.00 2,938.00 2,945.00 2,953.00 2,961.00 2,969.00 2,976.00 2,984.00 2,992.00 3,000.00 3,007.00 3,015.00 3,023.00 3,031.00 3,039.00 3,046.00 3,054.00

616

GENERAL ACTS AND RESOLUTIONS, VOL. I

12,350.00 12,400.00 12,450.00 12,500.00 12,550.00 12,600.00 12,650.00 12,700.00 12,750.00 12,800.00 12,850.00 12,900.00 12,950.00 13,000.00 13,050.00 13,100.00 13,150.00 13,200.00 13,250.00 13,300.00 13,350.00 13,400.00 13,450.00 13,500.00 13,550.00 13,600.00 13,650.00 13,700.00

I ,455.00 1,459.00 1,462.00 1,466.00 1,470.00 1,474.00 1,477.00 I ,481.00 1,484.00 I ,487.00 1,491.00 1,494.00 1,497.00 1,501.00 I ,504.00 I ,507.00 1,510.00 1,514.00 1,517.00 I ,520.00 1,523.00 1,526.00 I ,529.00 1,532.00 1,535.00 I ,538.00 I ,541.00 1,544.00

2,019.00 2,024.00 2,030.00 2,035.00 2,040.00 2,045.00 2,050.00 2,055.00 2,060.00 2,064.00 2,069.00 2,074.00 2,078.00 2,083.00 2,087.00 2,092.00 2,097.00 2,101.00 2, I 06.00 2,110.00 2,114.00 2,118.00 2,123.00 2,127.00 2,131.00 2,136.00 2,140.00 2,144.00

2,295.00 2,300.00 2,306.00 2,312.00 2,318.00 2,324.00 2,329.00 2,335.00 2,340.00 2,345.00 2,351.00 2,356.00 2,361.00 2,367.00 2,372.00 2,377.00 2,383.00 2,388.00 2,393.00 2,398.00 2,403.00 2,408.00 2,413.00 2,418.00 2,423.00 2,428.00 2,432.00 2,437.00

2,558.00 2,565.00 2,571.00 2,578.00 2,584.00 2,591.00 2,597.00 2,603.00 2,609.00 2,615.00 2,621.00 2,627.00 2,633.00 2,639.00 2,645.00 2,651.00 2,657.00 2,663.00 2,668.00 2,674.00 2,679.00 2,685.00 2,690.00 2,696.00 2,701.00 2, 707.00 2,712.00 2, 718.00

2,814.00 2,821.00 2,829.00 2,836.00 2,843.00 2,850.00 2,857.00 2,863.00 2,870.00 2,877.00 2,883.00 2,890.00 2,896.00 2,903.00 2,909.00 2,916.00 2,922.00 2,929.00 2,935.00 2,941.00 2,94 7.00 2,953.00 2,959.00 2,965.00 2,971.00 2,977.00 2,983.00 2,989.00

3,062.00 3,070.00 3,077.00 3,085.00 3,093.00 3,101.00 3,108.00 3,115.00 3,123.00 3,130.00 3,137.00 3,144.00 3,151.00 3,158.00 3,165.00 3,172.00 3,180.00 3,187.00 3,193.00 3,200.00 3,206.00 3,213.00 3,220.00 3,226.00
- 3,233.00
3,239.00 3,246.00-
---3,253.00

GEORGIA LAWS 2006 SESSION

617

13,750.00 13,800.00 13,850.00 13,900.00 13,950.00 14,000.00 14,050.00 14,100.00 14,150.00 14,200.00 14,250.00 14,300.00 14,350.00 14,400.00 14,450.00 14,500.00 14,550.00 14,600.00 14,650.00 14,700.00 14,750.00 14,800.00 14,850.00 14,900.00 14,950.00 15,000.00 15,050.00 15,100.00

1,547.00 I ,550.00 I ,553.00 I ,556.00 1,559.00 I ,562.00 1,565.00 I ,568.00 1,571.00 1,574.00 1,577.00 I ,581.00 I ,584.00 I ,587.00 1,590.00 1,593.00 I ,596.00 1,599.00 1,602.00 I ,605.00 I ,608.00 1,611.00 1,614.00 1,617.00 1,620.00 1,623.00 1,626.00 I ,629.00

2,148.00 2,153.00 2,157.00 2,161.00 2,166.00 2,170.00 2,174.00 2,178.00 2,183.00 2,187.00 2,191.00 2,195.00 2,200.00 2,204.00 2,208.00 2,213.00 2,217.00 2,221.00 2,225.00 2,230.00 2,234.00 2,238.00 2,243.00 2,247.00 2,251.00 2,255.00 2,260.00 2,264.00

2,442.00 2,447.00 2,452.00 2,457.00 2,462.00 2,467.00 2,472.00 2,477.00 2,482.00 2,487.00 2,492.00 2,497.00 2,502.00 2,506.00 2,511.00 2,516.00 2,521.00 2,526.00 2,531.00 2,536.00 2,541.00 2,546.00 2,551.00 2,556.00 2,561.00 2,566.00 2,571.00 2,576.00

2,723.00 2,729.00 2,734.00 2,740.00 2, 745.00 2,751.00 2,756.00 2, 762.00 2,767.00 2,773.00 2,778.00 2, 784.00 2,789.00 2, 795.00 2,800.00 2,806.00 2,811.00 2,817.00 2,822.00 2,828.00 2,833.00 2,839.00 2,844.00 2,850.00 2,855.00 2,861.00 2,866.00 2,872.00

2,996.00 3,002.00 3,008.00 3,014.00 3,020.00 3,026.00 3,032.00 3,038.00 3,044.00 3,050.00 3,056.00 3,062.00 3,068.00 3,074.00 3,080.00 3,086.00 3,092.00 3,098.00 3, I04.00 3,111.00 3,117.00 3,123.00 3,129.00 3,135.00 3,141.00 3,147.00 3,153.00 3,159.00

3,259.00 3,266.00 3,272.00 3,279.00 3,285.00 3,292.00 3,299.00 3,305.00 3,312.00 3,318.00 3,325.00 3,332.00 3,338.00 3,345.00 3,351.00 3,358.00 3,365.00 3,371.00 3,378.00 3,384.00 3,391.00 3,397.00 3,404.00 3,411.00 3,417.00 3,424.00 3,430.00 3,437.00

618

GENERAL ACTS AND RESOLUTIONS, VOL. I

15,150.00 15,200.00 15,250.00 15,300.00 15,350.00 15,400.00 15,450.00 15,500.00 15,550.00 15,600.00 15,650.00 15,700.00 15,750.00 15,800.00 15,850.00 15,900.00 15,950.00 16,000.00 16,050.00 16,100.00 16,150.00 16,200.00 16,250.00 16,300.00 16,350.00 16,400.00 16,450.00 16,500.00
-

I ,632.00 1,635.00 I ,638.00 I ,641.00 1,644.00 1,647.00 1,650.00 1,653.00 I ,656.00 I ,659.00 I ,663.00 1,666.00 1,669.00 1,672.00 1,675.00 1,678.00 1,681.00 1,684.00 I ,687.00 I ,690.00 I ,692.00 I ,695.00 I ,698.00 1,700.00 I, 703.00 I ,706.00 I ,708.00 1,711.00

2,268.00 2,272.00 2,277.00 2,281.00 2,285.00 2,290.00 2,294.00 2,298.00 2,302.00 2,307.00 2,311.00 2,315.00 2,320.00 2,324.00 2,328.00 2,332.00 2,337.00 2,341.00 2,345.00 2,349.00 2,353.00 2,356.00 2,360.00 2,363.00 2,367.00 2,370.00 2,374.00 2,377.00

2,581.00 2,585.00 2,590.00 2,595.00 2,600.00 2,605.00 2,610.00 2,615.00 2,620.00 2,625.00 2,630.00 2,635.00 2,640.00 2,645.00 2,650.00 2,655.00 2,659.00 2,664.00 2,669.00 2,674.00 2,678.00 2,682.00 2,686.00 2,689.00 2,693.00 2,697.00 2,701.00 2,705.00

2,877.00 2,883.00 2,888.00 2,894.00 2,899.00 2,905.00 2,910.00 2,916.00 2,921.00 2,927.00 2,932.00 2,938.00 2,943.00 2,949.00 2,954.00 2,960.00 2,965.00 2,971.00 2,976.00 2,982.00 2,986.00 2,990.00 2,994.00 2,999.00 3,003.00 3,007.00 3,011.00 3,016.00

3,165.00 3,171.00 3,177.00 3,183.00 3,189.00 3,195.00 3,201.00 3,207.00 3,213.00 3,219.00 3,226.00 3,232.00 3,238.00 3,244.00 3,250.00 3,256.00 3,262.00 3,268.00 3,274.00 3,280.00 3,285.00 3,289.00 3,294.00 3,299.00 3,303.00 3,308.00 3,313.00 3,317.00

3,444.00 3,450.00 3,457.00 3,463.00 3,470.00 3,476.00 3,483.00 3,490.00 3,496.00 3,503.00 3,509.00 3,516.00 3,523.00 3,529.00 3,536.00 3,542.00 3,549.00 3,555.00 3,562.00 3,569.00 3,574.00 3,579.00 3,584.00 3,589.00 3 594.00
.... '
3 599.00
-'
3,604.0~
---3 609.00

GEORGIA LAWS 2006 SESSION

619

16,550.00 16,600.00 16,650.00 16,700.00 16,750.00 16,800.00 16,850.00 16,900.00 16,950.00 17,000.00 17,050.00 17,100.00 17,150.00 17,200.00 17,250.00 17,300.00 17,350.00 17,400.00 17,450.00 17,500.00 17,550.00 17,600.00 17,650.00 17,700.00 17,750.00 17,800.00 17,850.00 17,900.00

1,714.00 1,716.00 1,719.00 I ,722.00 I ,724.00 1,727.00 1, 7 3 0 . 0 0 1,732.00 1,735.00 1,737.00 1,740.00 1,743.00 1,745.00 I, 748.00 1,751.00 1,753.00 I, 756.00 1,759.00 1,761.00 1,764.00 1,767.00 1,769.00 1,772.00 1,774.00 1,777.00 I, 780.00 1,782.00 1,785.00

2,381.00 2,384.00 2,388.00 2,391.00 2,395.00 2,398.00 2,402.00 2,405.00 2,409.00 2,412.00 2,416.00 2,419.00 2,423.00 2,426.00 2,430.00 2,433.00 2,43 7.00 2,440.00 2,444.00 2,447.00 2,451.00 2,454.00 2,458.00 2,461.00 2,465.00 2,468.00 2,472.00 2,475.00

2, 708.00 2,712.00 2, 716.00 2,720.00 2,724.00 2,728.00 2,731.00 2,735.00 2,739.00 2,743.00 2,747.00 2,750.00 2,754.00 2, 758.00 2, 762.00 2, 766.00 2,769.00 2,773.00 2,777.00 2, 781.00 2,785.00 2,788.00 2,792.00 2, 796.00 2,800.00 2,804.00 2,808.00 2,811.00

3,020.00 3,024.00 3,028.00 3,033.00 3,037.00 3,041.00 3,045.00 3,050.00 3,054.00 3,058.00 3,062.00 3,067.00 3,071.00 3,075.00 3,079.00 3,084.00 3,088.00 3,092.00 3,096.00 3,101.00 3,105.00 3,109.00 3,113.00 3,118.00 3,122.00 3,126.00 3,130.00 3,135.00

3,322.00 3,327.00 3,331.00 3,336.00 3,341.00 3,345.00 3,350.00 3,355.00 3,359.00 3,364.00 3,369.00 3,373.00 3,378.00 3,383.00 3,387.00 3,392.00 3,397.00 3,401.00 3,406.00 3,411.00 3,415.00 3,420.00 3,425.00 3,429.00 3,434.00 3,439.00 3,443.00 3,448.00

3,614.00 3,619.00 3,624.00 3,630.00 3,635.00 3,640.00 3,645.00 3,650.00 3,655.00 3,660.00 3,665.00 3,670.00 3,675.00 3,680.00 3,685.00 3,691.00 3,696.00 3,701.00 3,706.00 3,711.00 3,716.00 3, 721.00 3,726.00 3, 731.00 3,736.00 3,741.00 3,746.00 3, 752.00

620

GENERAL ACTS AND RESOLUTIONS, VOL. I

17,950.00 18,000.00 18,050.00 18, I 00.00 18,150.00 18,200.00 18,250.00 18,300.00 18,350.00 18,400.00 18,450.00 18,500.00 18,550.00 18,600.00 18,650.00 18,700.00 18,750.00 18,800.00 18,850.00 18,900.00 18,950.00 19,000.00 19,050.00 19,100.00 19,150.00 19,200.00 19,250.00 19,300.00

1,788.00 I, 790.00 1,793.00 I, 796.00 1,798.00 I ,801.00 1,804.00 I ,806.00 I ,809.00 1,812.00 1,814.00 1,817.00 1,819.00 I ,822.00 I ,825.00 1,827.00 I ,830.00 I ,833.00 I ,835.00 1,838.00 1,841.00 I ,843.00 I ,846.00 1,849.00 I ,851.00 I ,854.00 I ,856.00 I ,859.00

2,478.00 2,482.00 2,485.00 2,489.00 2,492.00 2,496.00 2,499.00 2,503.00 2,506.00 2,510.00 2,513.00 2,517.00 2,520.00 2,524.00 2,527.00 2,531.00 2,534.00 2,538.00 2,541.00 2,545.00 2,548.00 2,552.00 2,555.00 2,559.00 2,562.00 2,566.00 2,569.00 2,573.00

2,815.00 2,819.00 2,823.00 2,827.00 2,830.00 2,834.00 2,838.00 2,842.00 2,846.00 2,849.00 2,853.00 2,857.00 2,861.00 2,865.00 2,868.00 2,872.00 2,876.00 2,880.00 2,884.00 2,888.00 2,891.00 2,895.00 2,899.00 2,903.00 2,907.00 2,910.00 2,914.00 2,918.00

3,139.00 3,143.00 3,147.00 3,152.00 3,156.00 3,160.00 3,164.00 3,169.00 3,173.00 3,177.00 3,181.00 3,186.00 3,190.00 3,194.00 3,198.00 3,203.00 3,207.00 3,211.00 3,215.00 3,220.00 3,224.00 3,228.00 3,232.00 3,237.00 3,241.00 3,245.00 3,249.00 3,254.00

3,453.00 3,457.00 3,462.00 3,467.00 3,471.00 3,476.00 3,481.00 3,485.00 3,490.00 3,495.00 3,499.00 3,504.00 3,509.00 3,513.00 3,518.00 3,523.00 3,528.00 3,532.00 3,537.00 3,542.00 3,546.00 3,551.00 3,556.00 3,560.00 3,565.00 3,570.00 3,574.00 3,579.00

3,757.00 3,762.00 3,767.00 3,772.00 3, 777.00 3, 782.00 3,787.00 3,792.00 3,797.00 3,802.00 3,807.00 3,813.00 3,818.00 3,823.00 3,828.00 3,833.00 3,838.00 3,843.00 3,848.00 3,853.00 3,858.00 3,863.003,868.00 3,874.00
. - 3 879.00
3,884.00
. - 3 889.00
--3 894.00

GEORGIA LAWS 2006 SESSION

621

19,350.00 19,400.00 19,450.00 19,500.00 19,550.00 19,600.00 19,650.00 19,700.00 19,750.00 19,800.00 19,850.00 19,900.00 19,950.00 20,000.00 20,050.00 20,100.00 20,150.00 20,200.00 20,250.00 20,300.00 20,350.00 20,400.00 20,450.00 20,500.00 20,550.00 20,600.00 20,650.00 20,700.00

I ,862.00 I ,864.00 I ,867.00 I ,870.00 1,872.00 1,875.00 1,878.00 I ,880.00 1,883.00 I ,886.00 I ,888.00 I ,891.00 1,893.00 1,896.00 1,899.00 I ,901.00 I ,904.00 I ,907.00 I ,909.00 1,912.00 1,915.00 1,917.00 I ,920.00 1,923.00 I ,925.00 I ,928.00 I ,931.00 1,933.00

2,576.00 2,580.00 2,583.00 2,587.00 2,590.00 2,594.00 2,597.00 2,601.00 2,604.00 2,608.00 2,611.00 2,615.00 2,618.00 2,622.00 2,625.00 2,628.00 2,632.00 2,635.00 2,639.00 2,642.00 2,646.00 2,649.00 2,653.00 2,656.00 2,660.00 2,663.00 2,667.00 2,670.00

2,922.00 2,926.00 2,929.00 2,933.00 2,937.00 2,941.00 2,945.00 2,948.00 2,952.00 2,956.00 2,960.00 2,964.00 2,967.00 2,971.00 2,975.00 2,979.00 2,983.00 2,987.00 2,990.00 2,994.00 2,998.00 3,002.00 3,006.00 3,009.00 3,013.00 3,017.00 3,021.00 3,025.00

3,258.00 3,262.00 3,266.00 3,271.00 3,275.00 3,279.00 3,283.00 3,288.00 3,292.00 3,296.00 3,300.00 3,305.00 3,309.00 3,313.00 3,317.00 3,321.00 3,326.00 3,330.00 3,334.00 3,338.00 3,343.00 3,347.00 3,351.00 3,355.00 3,360.00 3,364.00 3,368.00 3,372.00

3,584.00 3,588.00 3,593.00 3,598.00 3,602.00 3,607.00 3,612.00 3,616.00 3,621.00 3,626.00 3,630.00 3,635.00 3,640.00 3,644.00 3,649.00 3,654.00 3,658.00 3,663.00 3,668.00 3,672.00 3,677.00 3,682.00 3,686.00 3,691.00 3,696.00 3,700.00 3,705.00 3,710.00

3,899.00 3,904.00 3,909.00 3,914.00 3,919.00 3,924.00 3,929.00 3,935.00 3,940.00 3,945.00 3,950.00 3,955.00 3,960.00 3,965.00 3,970.00 3,975.00 3,980.00 3,985.00 3,990.00 3,996.00 4,001.00 4,006.00 4,011.00 4,016.00 4,021.00 4,026.00 4,031.00 4,036.00

622

GENERAL ACTS AND RESOLUTIONS, VOL. I

20,750.00 1,936.00

20,800.00 1,938.00

20,850.00 1,941.00

20,900.00 1,944.00

20,950.00 1,946.00

21,000.00 1,949.00

21,050.00 1,952.00

21,100.00

1,954.00

21,150.00 1,957.00

21,200.00 1,960.00

21,250.00 1,962.00

21,300.00 1,965.00

21,350.00 1,968.00

21,400.00 1,970.00

21,450.00 1,973.00

21,500.00 1,975.00

21,550.00 1,978.00

21,600.00 I ,981.00

21,650.00 1,983.00

21,700.00 1,986.00

21,750.00 1,989.00

21,800.00 1,991.00

21,850.00 1,994.00

21,900.00 1,997.00

21,950.00 1,999.00

22,000.00 2,002.00

22,050.00 2,005.00

22,100.00_ 2,007.00 L_

2,674.00 2,677.00 2,681.00 2,684.00 2,688.00 2,691.00 2,695.00 2,698.00 2, 702.00 2,705.00 2,709.00 2, 712.00 2,716.00 2,719.00 2,723.00 2,726.00 2, 730.00 2,733.00 2,737.00 2,740.00 2,744.00 2,747.00 2, 751.00 2,754.00 2, 758.00 2,761.00 2,765.00 2, 768.00

3,028.00 3,032.00 3,036.00 3,040.00 3,044.00 3,047.00 3,051.00 3,055.00 3,059.00 3,063.00 3,067.00 3,070.00 3,074.00 3,078.00 3,082.00 3,086.00 3,089.00 3,093.00 3,097.00 3,101.00 3,105.00 3, I 08.00 3,112.00 3,116.00 3,120.00 3,124.00 3,127.00 3,131.00

3,377.00 3,381.00 3,385.00 3,389.00 3,394.00 3,398.00 3,402.00 3,406.00 3,411.00 3,415.00 3,419.00 3,423.00 3,428.00 3,432.00 3,436.00 3,440.00 3,445.00 3,449.00 3,453.00 3,457.00 3,462.00 3,466.00 3,470.00 3,474.00 3,479.00 3,483.00 3,487.00 3,491.00

3,714.00 3,719.00 3,724.00 3,728.00 3, 733.00 3, 738.00 3,742.00 3,747.00 3, 7 5 2 . 0 0 3,756.00 3, 7 6 1 . 0 0 3,766.00 3,770.00 3,775.00 3,780.00 3, 784.00 3,789.00 3, 7 9 4 . 0 0 3,798.00 3,803.00 3,808.00 3,812.00 3,817.00 3,822.00 3,827.00 3,831.00 3,836.00 3,841.00

4,041.00 4,046.00 4,051.00 4,056.00 4,062.00 4,067.00 4,072.00 4,077.00 4,082.00 4,087.00 4,092.00 4,097.00 4,102.00 4,107.00 4,112.00 4,117.00 4,123.00 4,128.00 4,133.00 4,138.00 4,143.00 4,148.00 4,153.00 4,158.00 4,163.00 4,168.00 4,173.00 4,178.00

GEORGIA LAWS 2006 SESSION

623

22,150.00 22,200.00 22,250.00 22,300.00 22,350.00 22,400.00 22,450.00 22,500.00 22,550.00 22,600.00 22,650.00 22,700.00 22,750.00 22,800.00 22,850.00 22,900.00 22,950.00 23,000.00 23,050.00 23,100.00 23,150.00 23,200.00 23,250.00 23,300.00 23,350.00 23,400.00 23,450.00 23,500.00

2,010.00 2,012.00 2,015.00 2,018.00 2,020.00 2,022.00 2,024.00 2,025.00 2,027.00 2,028.00 2,029.00 2,031.00 2,032.00 2,034.00 2,035.00 2,036.00 2,038.00 2,039.00 2,041.00 2,042.00 2,044.00 2,045.00 2,046.00 2,048.00 2,049.00 2,051.00 2,052.00 2,053.00

2,772.00 2,775.00 2,779.00 2,782.00 2,785.00 2,788.00 2, 790.00 2, 792.00 2, 793.00 2,795.00 2, 797.00 2, 799.00 2,801.00 2,803.00 2,804.00 2,806.00 2,808.00 2,810.00 2,812.00 2,814.00 2,816.00 2,817.00 2,819.00 2,821.00 2,823.00 2,825.00 2,827.00 2,828.00

3,135.00 3,139.00 3,143.00 3,147.00 3,150.00 3,153.00 3,155.00 3,157.00 3,158.00 3,160.00 3,162.00 3,164.00 3,166.00 3,168.00 3,169.00 3,171.00 3,173.00 3,175.00 3,177.00 3,179.00 3,181.00 3,182.00 3,184.00 3,186.00 3,188.00 3,190.00 3,192.00 3,193.00

3,496.00 3,500.00 3,504.00 3,508.00 3,513.00 3,515.00 3,517.00 3,520.00 3,522.00 3,524.00 3,526.00 3,528.00 3,530.00 3,532.00 3,534.00 3,536.00 3,538.00 3,540.00 3,542.00 3,544.00 3,546.00 3,548.00 3,550.00 3,552.00 3,555.00 3,557.00 3,559.00 3,561.00

3,845.00 3,850.00 3,855.00 3,859.00 3,864.00 3,867.00 3,869.00 3,872.00 3,874.00 3,876.00 3,878.00 3,881.00 3,883.00 3,885.00 3,888.00 3,890.00" 3,892.00 3,894.00 3,897.00 3,899.00 3,901.00 3,904.00 3,906.00 3,908.00 3,910.00 3,913.00 3,915.00 3,917.00

4,184.00 4,189.00 4,194.00 4,199.00 4,204.00 4,207.00 4,210.00 4,212.00 4,215.00 4,217.00 4,220.00 4,222.00 4,225.00 4,227.00 4,230.00 4,232.00 4,235.00 4,237.00 4,240.00 4,242.00 4,245.00 4,24 7.00 4,250.00 4,252.00 4,254.00 4,257.00 4,259.00 4,262.00

624

GENERAL ACTS AND RESOLUTIONS, VOL. I

23,550.00 23,600.00 23,650.00 23,700.00 23,750.00 23,800.00 23,850.00 23,900.00 23,950.00 24,000.00 24,050.00 24, I 00.00 24,150.00 24,200.00 24,250.00 24,300.00 24,350.00 24,400.00 24,450.00 24,500.00 24,550.00 24,600.00 24,650.00 24,700.00 24,750.00 24,800.00 24,850.00
~900.00

2,055.00 2,056.00 2,058.00 2,059.00 2,061.00 2,062.00 2,063.00 2,065.00 2,066.00 2,068.00 2,069.00 2,070.00 2,072.00 2,073.00 2,075.00 2,076.00 2,077.00 2,079.00 2,080.00 2,082.00 2,083.00 2,085.00 2,086.00 2,087.00 2,089.00 2,090.00 2,092.00 2,093.00

2,830.00 2,832.00 2,834.00 2,836.00 2838.00 2,840.00 2,841.00 2,843.00 2,845.00 2,847.00 2,849.00 2,851.00 2,852.00 2,854.00 2,856.00 2,858.00 2,860.00 2,862.00 2,864.00 2,865.00 2,867.00 2,869.00 2,871.00 2,873.00 2,875.00 2,876.00 2,878.00 2,880.00

3, !95.00 3,197.00 3,199.00 3,201.00 3,203.00 3,204.00 3,206.00 3,208.00 3,210.00 3,212.00 3,214.00 3,216.00 3,217.00 3,219.00 3,221.00 3,223.00 3,225.00 3,227.00 3,228.00 3,230.00 3,232.00 3,234.00 3,236.00 3,238.00 3,240.00 3,241.00 3,243.00 3,245.00

3,563.00 3,565.00 3,567.00 3,569.00 3,571.00 3,573.00 3,575.00 3,577.00 3,579.00 3,581.00 3,583.00 3,585.00 3,587.00 3,589.00 3,592.00 3,594.00 3,596.00 3,598.00 3,600.00 3,602.00 3,604.00 3,606.00 3,608.00 3,610.00 3,612.00 3,614.00 3,616.00 3,618.00

3,919.00 3,922.00 3,924.00 3,926.00 3,929.00 3,931.00 3,933.00 3,935.00 3,938.00 3,940.00 3,942.00 3,945.00 3,947.00 3,949.00 3,951.00 3,954.00 3,956.00 3,958.00 3,961.00 3,963.00 3,965.00 3,967.00 3,970.00 3,972.00 3,974.00 3,977.00 3,979.00 3,981.00

4,264.00 4,267.00 4,269.00 4,272.00 4,274.00 4,277.00 4,279.00 4,282.00 4,284.00 4,287.00 4,289.00 4,292.00 4,294.00 4,297.00 4,299.00 4,302.00 4,304.00 4,307.00 4,309.00 4,312.00 4,314.00. 4,317.00
. - 4 319.00
4,322.00
. -4 324.00
4 326.00 I
~
4,329.~
4,331~

GEORGIA LAWS 2006 SESSION

625

24,950.00 25,000.00 25,050.00 25, I00.00 25,150.00 25,200.00 25,250.00 25,300.00 25,350.00 25,400.00 25,450.00 25,500.00 25,550.00 25,600.00 25,650.00 25,700.00 25,750.00 25,800.00 25,850.00 25,900.00 25,950.00 26,000.00 26,050.00 26,100.00 26,150.00 26,200.00 26,250.00 26,300.00

2,094.00 2,096.00 2,097.00 2,099.00 2,100.00 2,102.00 2,103.00 2,104.00 2, I06.00 2,107.00 2,109.00 2,110.00 2,111.00 2,113.00 2,114.00 2,116.00 2,117.00 2,119.00 2,120.00 2,121.00 2,123.00 2,124.00 2,126.00 2,127.00 2,128.00 2,130.00 2,131.00 2,133.00

2,882.00 2,884.00 2,886.00 2,887.00 2,889.00 2,891.00 2,893.00 2,895.00 2,897.00 2,899.00 2,900.00 2,902.00 2,904.00 2,906.00 2,908.00 2,910.00 2,911.00 2,913.00 2,915.00 2,917.00 2,919.00 2,921.00 2,923.00 2,924.00 2,926.00 2,928.00 2,930.00 2,932.00

3,247.00 3,249.00 3,251.00 3,252.00 3,254.00 3,256.00 3,258.00 3,260.00 3,262.00 3,264.00 3,265.00 3,267.00 3,269.00 3,271.00 3,273.00 3,275.00 3,276.00 3,278.00 3,280.00 3,282.00 3,284.00 3,286.00 3,287.00 3,289.00 3,291.00 3,293.00 3,295.00 3,297.00

3,620.00 3,622.00 3,624.00 3,626.00 3,629.00 3,631.00 3,633.00 3,635.00 3,637.00 3,639.00 3,641.00 3,643.00 3,645.00 3,647.00 3,649.00 3,651.00 3,653.00 3,655.00 3,657.00 3,659.00 3,661.00 3,663.00 3,666.00 3,668.00 3,670.00 3,672.00 3,674.00 3,676.00

3,983.00 3,986.00 3,988.00 3,990.00 3,993.00 3,995.00 3,997.00 3,999.00 4,002.00 4,004.00 4,006.00 4,009.00 4,011.00 4,013.00 4,015.00 4,018.00 4,020.00 4,022.00 4,024.00 4,027.00 4,029.00 4,031.00 4,034.00 4,036.00 4,038.00 4,040.00 4,043.00 4,045.00

4,334.00 4,336.00 4,339.00 4,341.00 4,344.00 4,346.00 4,349.00 4,351.00 4,354.00 4,356.00 4,359.00 4,361.00 4,364.00 4,366.00 4,369.00 4,371.00 4,374.00 4,376.00 4,379.00 4,381.00 4,384.00 4,386.00 4,389.00 4,391.00 4,394.00 4,396.00 4,399.00 4,401.00

626

GENERAL ACTS AND RESOLUTIONS, VOL. I

26,350.00 26,400.00 26,450.00 26,500.00 26,550.00 26,600.00 26,650.00 26,700.00 26,750.00 26,800.00 26,850.00 26,900.00 26,950.00 27,000.00 27,050.00 27,100.00 27' 150.00 27,200.00 27,250.00 27,300.00 27,350.00 27,400.00 27,450.00 27,500.00 27,550.00 27,600.00 27,650.00
_'2.'7_. 7D_O. 00

2,134.00 2,136.00 2,137.00 2,138.00 2,140.00 2,141.00 2,143.00 2,144.00 2,145.00 2,147.00 2,148.00 2,150.00 2,151.00 2,153.00 2,154.00 2,155.00 2,157.00 2,158.00 2,160.00 2,161.00 2,162.00 2,164.00 2,165.00 2,167.00 2,168.00 2,170.00 2,171.00
2172.00

2,934.00 2,935.00 2,937.00 2,939.00 2,941.00 2,943.00 2,945.00 2,947.00 2,948.00 2,950.00 2,952.00 2,954.00 2,956.00 2,958.00 2,959.00 2,961.00 2,963.00 2,965.00 2,967.00 2,969.00 2,970.00 2,972.00 2,974.00 2,976.00 2,978.00 2,980.00 2,982.00 2,983.00

3,299.00 3,300.00 3,302.00 3,304.00 3,306.00 3,308.00 3,310.00 3,311.00 3,313.00 3,315.00 3,317.00 3,319.00 3,321.00 3,323.00 3,324.00 3,326.00 3,328.00 3,330.00 3,332.00 3,334.00 3,335.00 3,337.00 3,339.00 3,341.00 3,343.00 3,345.00 3,347.00 3,348.00

3,678.00 3,680.00 3,682.00 3,684.00 3,686.00 3,688.00 3,690.00 3,692.00 3,694.00 3,696.00 3,698.00 3, 7 0 1 . 0 0 3,703.00 3,705.00 3, 7 0 7 . 0 0 3, 7 0 9 . 0 0 3,711.00 3,713.00 3, 715.00 3,717.00 3,719.00 3,721.00 3,723.00 3,725.00 3,727.00 3,729.00 3, 731.00 3,733.00

4,047.00 4,050.00 4,052.00 4,054.00 4,056.00 4,059.00 4,061.00 4,063.00 4,066.00 4,068.00 4,070.00 4,072.00 4,075.00 4,077.00 4,079.00 4,082.00 4,084.00 4,086.00 4,088.00 4,091.00 4,093.00 4,095.00 4,098.00 4,100.0.0 4,102.00 4,104.00 4,107.00 4,109.00

4,403.00 4,406.00 4,408.00 4,411.00 4,413.00 4,416.00 4,418.00 4,421.00 4,423.00 4,426.00 4,428.00 4,431.00 4,433.00 4,436.00 4,438.00 4,441.00 4,443.00 4,446.00 4,448.00 4,451.00 4,453.00 4,456.00 4,458.00 4,461.00 4,463.00 4,466.00
- 4,468.00
4,471.00

GEORGIA LAWS 2006 SESSION

627

27,750.00 27,800.00 27,850.00 27,900.00 27,950.00 28,000.00 28,050.00 28, I00.00 28,150.00 28,200.00 28,250.00 28,300.00 28,350.00 28,400.00 28,450.00 28,500.00 28,550.00 28,600.00 28,650.00 28,700.00 28,750.00 28,800.00 28,850.00 28,900.00 28,950.00 29,000.00 29,050.00 29,100.00

2,174.00 2,175.00 2,177.00 2,178.00 2,179.00 2,181.00 2,182.00 2,184.00 2,185.00 2,186.00 2,188.00 2,189.00 2,190.00 2,192.00 2,193.00 2,194.00 2,196.00 2,197.00 2,199.00 2,200.00 2,201.00 2,203.00 2,204.00 2,205.00 2,207.00 2,208.00 2,210.00 2,211.00

2,985.00 2,987.00 2,989.00 2,991.00 2,993.00 2,994.00 2,996.00 2,998.00 3,000.00 3,001.00 3,003.00 3,005.00 3,007.00 3,009.00 3,010.00 3,012.00 3,014.00 3,016.00 3,017.00 3,019.00 3,021.00 3,023.00 3,025.00 3,026.00 3,028.00 3,030.00 3,032.00 3,034.00

3,350.00 3,352.00 3,354.00 3,356.00 3,357.00 3,359.00 3,361.00 3,363.00 3,365.00 3,366.00 3,368.00 3,370.00 3,372.00 3,374.00 3,375.00 3,3 77.00 3,379.00 3,381.00 3,382.00 3,384.00 3,386.00 3,388.00 3,390.00 3,391.00 3,393.00 3,395.00 3,397.00 3,398.00

3,735.00 3,738.00 3, 740.00 3,742.00 3,744.00 3,746.00 3, 748.00 3,750.00 3,752.00 3,754.00 3,756.00 3,758.00 3,759.00 3,761.00 3,763.00 3,765.00 3,767.00 3,769.00 3,771.00 3,773.00 3,775.00 3,777.00 3,779.00 3,781.00 3,783.00 3,785.00 3,787.00 3,789.00

4,111.00 4,114.00 4,116.00 4,118.00 4,120.00 4,122.00 4,125.00 4,127.00 4,129.00 4,131.00 4,133.00 4,136.00 4,138.00 4,140.00 4,142.00 4,145.00 4,147.00 4,149.00 4,151.00 4,153.00 4,156.00 4,158.00 4,160.00 4,162.00 4,164.00 4,167.00 4,169.00 4,171.00

4,473.00 4,475.00 4,478.00 4,480.00 4,483.00 4,485.00 4,488.00 4,490.00 4,492.00 4,495.00 4,497.00 4,500.00 4,502.00 4,504.00 4,507.00 4,509.00 4,512.00 4,514.00 4,516.00 4,519.00 4,521.00 4,524.00 4,526.00 4,528.00 4,531.00 4,533.00 4,536.00 4,538.00

628

GENERAL ACTS AND RESOLUTIONS, VOL. I

29,150.00 2,212.00 3,035.00 3,400.00 3,791.00

4,173.00 4,540.00

29,200.00 2,214.00 3,037.00 3,402.00 3,793.00

4,175.00 4,543.00

29,250.00 2,215.00 3,039.00 3,404.00 3,795.00

4,178.00 4,545.00

29,300.00 2,216.00 3,041.00 3,406.00 3,797.00

4,180.00 4,548.00

29,350.00

2,218.00

3,042.00

3,407.00

3,799.00

4,182.00 4,550.00

29,400.00 2,219.00 3,044.00 3,409.00 3,801.00

4,184.00 4,552.00

29,450.00 2,220.00 3,046.00 3,411.00 3,803.00

4,186.00 4,555.00

29,500.00 2,222.00 3,048.00 3,413.00 3,805.00

4,189.00 4,557.00

29,550.00

2,223.00

3,050.00

3,415.00

3,807.00

4,191.00 4,560.00

29,600.00 2,225.00 3,051.00 3,416.00 3,809.00

4,193.00 4,562.00

29,650.00 2,226.00 3,053.00 3,418.00 3,811.00

4,195.00 4,564.00

29,700.00 2,227.00 3,055.00 3,420.00 3,813.00

4,197.00 4,567.00

29,750.00 2,229.00 3,057.00 3,422.00 3,815.00

4,200.00 4,569.00

29,800.00 2,230.00 3,058.00 3,423.00 3,817.00

4,202.00 4,572.00

29,850.00 29,900.00 29,950.00 30,000.00

2,231.00 2,233.00 2,234.00 2,236.00

3,060.00
3,062.00
3,064.00
3,066.00
--

3,425.00
3,427.00
3,429.00
3,431.00
--

3,819.00

4,204.00

3,821.00

4,206.00

3,823.00

4,208.00

3,825.00

4,211.00

--

4,574.00 4,576.00 4,579.00 4,581.00'

SECTION 5. Said title is further amended by striking subsection (b) of Code Section 19-6-34, relating to inclusion of life insurance in an order of support, and inserting in lieu thereof the following:
"(b) The amount of the premium for such life insurance may be considered as a deviation to the presumptive amount of child support pursuant to the provisions of Code Section 19-6-15, provided that the court shall review the amount of the premium for reasonableness under the circumstances of the case and the best interest of the child."

SECTION 6. Said title is further amended by striking subsection (a) of Code Section 19-6-53, relating to the duties of the Georgia Child Support Commission, and inserting in lieu thereof the following:
"(a) The commission shall have the following duties:

GEORGIA LAWS 2006 SESSION

629

(1) To study and evaluate the effectiveness and efficiency of Georgia's child support guidelines; (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 of Representatives.
(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 of 2.9 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; (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, publish, and update the child support obligation table and worksheets and schedules associated with the use of such table; (7) To develop or cause to be developed software and a calculator associated with the use ofthe 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 obligation table and child support guidelines; (10) To make recommendations for proposed legislation; (11) To study the appellate courts' acceptance of discretionary appeals in domestic relations cases and the formulation of case law in the area of domestic relations;

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( 12) To study alternative programs, such as mediation, collaborative practice, and pro se assistance programs, in order to reduce litigation in child support and child custody cases; and ( 13) To study the impact of having parenting time serve as a deviation to the presumptive amount of child support and make recommendations concerning the utilization of the parenting time adjustment.'

SECTION 7. Said title is further amended by striking 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 (e) 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 8. An Act amending Titles 5, 7, and 19 of the Official Code of Georgia Annotated so as to state legislative findings, change provisions relating to calculation of child support, and make other related changes, approved April22, 2005 (Ga. L. 2005,p. 224), is amended by striking Section 13 and inserting in its place a new Section 13 to read as follows:

nSECTION 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 January 1, 2007."

SECTION 9. It is the intention of this Act to delay for six months the effectiveness of the provisions of 2005 Act No. 52 of the General Assembly, excepting only those provisions of 2005 Act No. 52 creating the Georgia Child Support Commission which went into effect upon approval of that Act by the Governor.

SECTION 10. (a) This section and Sections 8, 9, and 11 of this Act shall become effective upon their approval by the Governor or upon becoming law without such approval. (b) Sections 1 through 7 ofthis Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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Approved April28, 2006.

STATE GOVERNMENT-STATE FLAGS TO HONOR DECEASED PUBLIC SAFETY OFFICERS.
No. 651 (Senate Bill No. 381).
AN ACT
To amend Article I of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, is amended by inserting immediately following Code Section 50-3-11 a new Code section to read as follows:
'50-3-12. (a) The purpose of this Code section is to recognize and honor those brave men and women who have dedicated their lives to the public safety of the citizens of this state and, in devoted service thereto, contributed to the safety, security, and individual freedom of the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, if requested, from funds made available for such purpose, furnish, without cost, a state flag to honor the service of a deceased qualifying public safety officer, which state flag may be displayed in the funeral service of the deceased public safety officer and thereafter given to the officer s estate. (b) For purposes of this Code section, a 'qualifying public safety officer' is a peace officer, as defined in Code Section 35-8-2, sheriff, or firefighter, emergency medical technician, or emergency rescue specialist, as each is defined in Code Section 45-9-81, or member of the Georgia National Guard. In addition, 'qualifying public safety officer' is an officer killed in the line of duty or an officer who has served as a qualifying public safety officer for a period of not less than five years. A person committing or convicted of a felony or crime of moral turpitude or whose certification or license to practice as a public safety officer is revoked or terminated shall not be considered a 'qualifying public safety officer.'

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(c) It shall be the duty of any state or local agency with knowledge of the death of a qualifying public safety officer who is an employee of such agency or who retired from such agency to notify the Secretary of State's office for the purpose of providing a state flag to the deceased's estate. Any advocacy group representing the deceased or the deceased's department may also contact the Secretary of State on behalf of a deceased qualifying public safety officer. (d) The Secretary of State is authorized to administer the recognition program set forth in this Code section and to provide rules and regulations and enter into contracts necessary for the administration ofthe provisions and the purposes set forth in the Code section:

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 the death of a qualifying of public safety officer occurring on or after January 1, 2006.

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

Approved April 28, 2006.

AGRICULTURE- AGRICULTURAL COMMODITY COMMISSION FOR EQUINES.
No. 652 (Senate Bill No. 380).
AN ACT
To amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Equines; to define certain terms; to provide for supervision; to provide for the commission and its members; to provide for officers and quorums; to provide for funds of the commission; to provide certain immunity; to provide for cooperation; to provide for hearings; to provide for marketing orders; to provide for amendments; to provide for administration of funds; to provide an exception; to provide for related matters; to provide a contingent effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, is amended by striking Code Section 2-8-10,

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relating to nonapplicability of Article 2 of said chapter, and inserting in lieu thereof the following:
'2-8-10. This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13; nor shall this artie le apply to the Agricultural Commodity Commission for Equines provided for in Article 4 of this chapter.'

SECTION 2. Said chapter is further amended by adding a new article to read as follows:

ARTICLE 5

2-8-120. This article shall apply only to the Agricultural Commodities Commission for Equines.

2-8-121. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines. (2) 'Commission' means the Agricultural Commodity Commission for Equines created under this article. (3) 'Equine' means any member of the Equidae family, including horses, mules, hinnies, and asses. (4) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any ofthe commercial activities regulated pursuant to this article. (5) 'Producer' means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes.

2-8-122. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department.

2-8-123. There is created the Agricultural Commodity Commission for Equines.

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2-8-124. (a) The commission shall be composed of:
(1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau, ex officio; (3) One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; (4) One member elected by the House of Representatives Committee on Agriculture and Consumer Affairs with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; and (5) Five additional members, all of whom shall be appointed by the members of the commission specified in paragraphs (1) through (4) of this subsection. At least four of such appointees shall be producers. (b) The initial two members elected by the agriculture and consumer affairs committees of the General Assembly shall be elected and qualification to take office for a term beginning on Janaury 1, 2007, and ending upon the election of their successors during the regular 2009 session of the General Assembly. Their successors shall be elected during the 2009 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in odd-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairpersons of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until their successors are elected and qualified. (c) For purposes of the appointment of additional members of the commission as provided in this Code section, a list of nominees shall be requested from producers of equines. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment.

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(d)(l) The members who are state officers shall be compensated as provided by law. Each such member shall be reimbursed by his or her respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his or her duties. Each such member who is a state officer may designate a representative of his or her department to act for the officer in performing any duties under this article. (2) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government. (3) The appointive members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs. (f) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (g) Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of the commission with respect to any equine produced by such federation or organization or handled by it for its members who produce it. (h) The commission is authorized to accept donations, gifts, grants, revenue derived from the sale of special license plates as may be otherwise provided by law, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (i) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, as

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members of the commission shall be entitled to vote on matters pertaining to the organization of the commission and upon the selection and nomination of the appointive members of the commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the commission nor shall they be entitled to vote upon the expenditure of any funds of the commission. (j) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law.

2-8-125. The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of each the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.

2-8-126. The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds ofthe commission only upon the written authorization of the commission.

2-8-127. Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.

2-8-128. Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands.

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2-8-129. The members and employees of the commission and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, distributor, or other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.

2-8-130. The Commissioner and the commission are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.

2-8-131. (a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any equines, he or she shall, either upon his or her own motion, upon the motion of the commission, or upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but

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no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.

2-8-132. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-131 and the facts officially noticed therein, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims on behalfof any equines or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission; (3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues.

2-8-133. (a)(!) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioner's or the commission's opinion the substance of such minor amendments so warrants.

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(2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for the establishment of plans for advertising and sales promotion of equines; or (B) Authority for carrying out research studies in the production or distribution of equines. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (b) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period offive days from the date of such posting and publication. (c) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued pursuant to this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (b) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (d) Upon the recommendation of the commission, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (b) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (e) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension.

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2-8-134. Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class.

2-8-135. (a) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision ofany marketing order authorized by this article and may hypothecate anticipated funds due to the commission as otherwise provided by law and applicable to such respective provisions. (b) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from any funds due to the commission as otherwise provided by law, the Commissioner is authorized to receive and disburse for such purposes contributions made by producers or distributors. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of any funds due to the commission and credited to the respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions. (c) Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds. (d) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas ofproduction that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review

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these investments and determine that such investments comply with this Code section."

SECTION 3. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007.

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

Approved April28, 2006.

PUBLIC UTILITIES; BROADBAND, VoiP, COMMERCIAL RADIO SERVICE; EXEMPT FROM PSC REGULATION.
No. 653 (Senate Bill No. 120).
AN ACT
To enact the "Competitive Emerging Communications Technologies Act of2006"; to provide legislative findings; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide definitions; to provide that the Georgia Public Service Commission shall not impose any requirement relating to rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds:
( 1) That it is in the public interest to encourage deployment of the emerging communications technologies of broadband service, voice over Internet protocol, and wireless service by expressly removing any power the Georgia Public Service Commission may have to set the rates and the terms and conditions for the offering of such services within Georgia;

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(2) That market based competition is the best mechanism for the selection and setting of such rates, terms, and conditions for such emerging communications technologies and to encourage the adoption and use of such services by Georgia consumers; and (3) That Georgia's consumers need timely and accurate information as to the actual cost and levels of delivered service in order to make informed market based choices among competing offerings of such emerging communications technologies.

SECTION 2. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by inserting a new article to be designated Article 6 to read as follows:

"ARTICLE 6

46-5-200. This article shall be known and may be cited as the 'Competitive Emerging Communications Technologies Act of 2006.'

46-5-20 I. As used in this article, the term:
(1) 'Broadband service' means a service that consists of the capability to transmit at a rate not less than 200 kilo bits per second in either the upstream or downstream direction and in combination with such service provide either:
(A) Access to the Internet; or (B) Computer processing, information storage, or protocol conversion. For the purposes of this article, broadband service does not include any information content or service applications provided over such access service nor any intrastate service that was subject to a tariff in effect as of September 1, 2005. (2) 'VoiP' means voice over Internet protocol services offering real time multidirectional voice functionality utilizing any Internet protocol. (3) 'Wireless service' means commercial mobile radio service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves.

46-5-202. (a) The Pub lie Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering ofbroadband service, VoiP, or wireless service. (b) This Code section shall not be construed to affect:
(I) State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade;

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(2) Any authority of the Public Service Commission with regard to consumer complaints; or (3) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. (c) Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission.'

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 April28, 2006.

CRIMES -WATERS; FETICIDE; OFFENSES AGAINST UNBORN CHILDREN.
No. 654 (Senate Bill No. 77).
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 revise the definition offeticide; to prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and batteries of unborn children under certain circumstances; to provide for punishment for persons convicted of such offenses; to amend Article 15 of Chapter 6 of Title .40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; to provide for definitions; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by striking Code Section 16-5-20, relating to simple assault, and inserting a new Code Section 16-5-20 and by adding at the end of Article 2, relating to assault and battery, new Code Sections 16-5-28 and 16-5-29 to read as follows:
"16-5-20. (a) A person commits the offense of simple assault when he or she either:
( 1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) through (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes ofthis Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (f) Any person who commits the offense of simple assault against an employee of a pub lie school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education. (g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (h) Nothing in this Code section shall be construed to permit the prosecution of: ( 1) Any person for conduct relating to an abortion for which the consent ofthe pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or

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(3) Any woman with respect to her unborn child. For the purposes of this subsection, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.'

'16-5-28. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child. (c) Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor. (d) Nothing in this Code section shall be construed to permit the prosecution of:
( 1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.

16-5-29. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child. (c) A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor. (d) Nothing in this Code section shall be construed to permit the prosecution of:
( 1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child."

SECTION 2. Said chapter is further amended by striking Code Section 16-5-80, relating to feticide, and inserting in lieu thereof a new Code Section 16-5-80 to read as follows:

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'16-5-80. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of feticide if he or she willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or ifhe or she, when in the commission ofa felony, causes the death of an unborn child. (c) A person convicted of the offense of feticide shall be punished by imprisonment for life. (d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death ofan unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide. (e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years. (f) Nothing in this Code section shall be construed to permit the prosecution of:
( 1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child.'

SECTION 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking Code Section 40-6-393.1, relating to feticide by vehicle, and inserting in lieu thereof a new Code Section 40-6-39 3.1 to read as follows:
.40-6-393.1. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
(b)(I) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother.

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(2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3.'

SECTION 4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-12.3, relating to feticide by vessel, and inserting in lieu thereof a new Code Section 52-7-12.3 to read as follows:
'52-7-12.3. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb.
(b)(1) A person commits the offense offeticide by vessel in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code. Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. (c)(1) A person commits the offense offeticide by vessel in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than subsection U) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3.'

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SECTION 5. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date.

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

Approved April28, 2006.

CIVIL PRACTICE; CIVIL CASE FILING FORMS AND DISPOSITION FORMS.
No. 660 (House Bill No. 1195).
AN ACT
To amend Chapter 11 ofTitle 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to provide for amended civil case filing forms; to change certain provisions relating to entry of judgment; to provide for confidential settlement agreements being excluded on civil case disposition forms; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-3, relating to commencement of actions, and inserting in lieu thereof the following:
'9-11-3. (a) A civil action is commenced by filing a complaint with the court. (b) At the time of filing the complaint for a civil action in superior court or state court, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended forJJl.

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In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action."

SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 9-11-58, relating to the en try of judgment and filing of the civil case disposition form, and inserting in lieu thereof the following:
'(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, with the fully completed civil case disposition form constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. As part of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiffifthe case is settled, dismissed, or otherwise disposed of without a prevailing party; provided, however, that the amount of a sealed or otherwise confidential settlement agreement shall not be disclosed on the civil case disposition form. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be made by the clerk of the court until the civil case disposition form is filed. The entry of the judgment shall not be delayed for the taxing of costs. This subsection shall not apply to actions brought pursuant to OCGA Sections 44-7-50- 44-7-59.'

SECTION 3. This Act shall become effective on July 1, 2006, and shall apply to actions and judgments filed on or after July 1, 2006.

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

Approved May 1, 2006.

PROPERTY- NOTICE OF SETTLEMENT; FILING; INDEX; FEES.
No. 661 (House Bill No. 1282).
AN ACT
To amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee;

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to provide for a form; to provide for the effect of notice; to provide for duration; 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 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, is amended by inserting at the end thereof a new Code section to read as follows:
"44-2-30. (a) Any party, or his or her legal representative, to a settlement which will convey legal or equitable title to real estate or any interest therein or create any lien thereon by way of a deed to secure debt, mortgage, or other instrument may file an instrument to be designated a 'notice of settlement' with the clerk of the superior court of the county in which the real estate is situated. The notice of settlement shall be filed, permanently recorded, and indexed by the clerk of the superior court in the same manner as real estate records of the county. The clerk of the superior court shall transmit such information regarding notices of settlement as required by the Georgia Superior Court Clerks' Cooperative Authority for inclusion in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98. The clerk of the superior court shall charge a fee for the filing and recording of the notice of settlement as is required for filing other instruments pertaining to real estate as set forth in division (f)(l )(A)(i) of Code Section 15-6-77. (b) The notice of settlement provided for in subsection (a) of this Code section shall be signed by said party or legal representative and shall set forth the names of the parties to the settlement and a description ofthe real estate. If the notice is executed by any one other than an attorney at law of this state, the execution shall be acknowledged or proved in the manner provided by law for the acknowledgment or proof of deeds. (c) After the filing of a notice of settlement, any person claiming title to, an interest in, or a lien upon the real estate described in the notice through any party in the notice shall be deemed to have acquired said title, interest, or lien with knowledge of the anticipated settlement and shall be subject to the terms, conditions, and provisions of the deed or mortgage between the parties filed within the period provided by subsection (e) of this Code section. (d) The form of the notice of settlement shall be substantially as follows:
'NOTICE OF REAL ESTATE SETTLEMENT This form must be executed by a party or legal representative. If the notice is executed by anyone other than an attorney at law in Georgia, it must be executed and acknowledged or proved in the same manner as a deed.

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Name(s) and address(es)

Seller(s) -andName(s) and address(es)
Buyer(s) -andName(s) and address(es)

Notice of
Settlement

M o r t g a g e e ( s)
NOTICE is hearby given of a contract, agreement, and mortgage and commitment between the parties hereto.
The lands to be affected are described as follows: All that certain tract or parcel of lands and premises situate lying and being in the _______ of ________, County of ____ and State of Georgia, commonly known as _____ and more particularly described as follows: Tax map reference County of _________ Block No. ___ Lot No.___ Block ___
Prepared by:
Name
Address
Telephone Number'

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(e) The notice of settlement shall be effective for 30 days from the date of filing; provided, however, that the notice of settlement shall be allowed to be renewed by a second filing for one additional30 day period. Any lien filed during said 30 days shall attach to the premises described in the notice immediately upon the expiration of the 30 days, provided that the premises have not been conveyed and notwithstanding the filing of a subsequent notice of settlement.

SECTION 2. This Act shall become effective on January 1, 2007.

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

Approved May 1, 2006.

HEALTH- INSURANCE- EMERGENCY CONDITION AND INITIATION OF INTERVENTION; NUMEROUS EMERGENCY SERVICES REQUIREMENTS CHANGES.

No. 667 (House Bill No. 1257).

AN ACT

To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to revise certain definitions; to change certain provisions relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to emergency services requirements; to change certain provisions relating to payments to nonparticipating and nonpreferred providers of health care services; to change certain provisions relating to health benefit plans providing incentives to use services of preferred providers; to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (2) and (3) ofCode

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Section 31-11-81, relating to definitions, in their entirety and inserting in lieu thereof the following:
'(2) 'Emergency medical provider' means any provider of emergency medical transportation licensed or permitted by the Georgia Department of Human Resources, any hospital licensed or permitted by the Georgia Department of Human Resources, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) 'Emergency services' means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition.'

SECTION 2. Said chapter is further amended in Code Section 31-11-82, relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows:
'(b) If in the opinion of the attending physician or licensed ambulance service personnel acting under the medical direction of an ambulance service medical director as defined in Code Section 31-11-60.1 the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition.'

SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (A) ofparagraph (1) of Code Section 33-20A-9, relating to emergency services requirements, in its entirety and inserting in lieu thereof the following:
'( 1)(A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition ofthe patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term 'emergency health care provider' includes without limitation an emergency services provider and a licensed ambulance service providing 911 emergency medical transportation.'

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SECTION 4. Said title is further amended by striking subsection (a) of Code Section 33-24-54, relating to payments to nonparticipating or nonpreferred providers of health care services, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title which might be construed to the contrary, whenever an accident and sickness insurance policy, subscriber contract, or self-insured health benefit plan, by whatever name called, which is issued or administered by a person licensed under this title provides that any of its benefits are payable to a participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or39 ofTitle43 or of Chapter 11 ofTitle 31 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of health care services as authorized by this Code section, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person."

SECTION 5. Said title is further amended by adding to the end of Code Section 33-30-24, relating to health benefit plans providing certain incentives, the following:
"For purposes of this Code section, when a request for emergency care is made through the emergency 9-1-1 system on behalf of a covered person and the ambulance service licensed under Chapter 11 of Title 31 that was dispatched in response to the request is not a preferred provider, for purposes ofpayment under paragraph ( 1) ofthis Code section, it shall be presumed that the covered person could not reasonably reach a preferred provider."

SECTION 6. Said title is further amended by striking subparagraph (AA) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof a new subparagraph (AA) to read as follows:

"(AA) Amendment of filings ......................... .

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Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters.
(AA.l) Change of address filings done on line by agents, subagents, counselors, and adjusters .................... No charge'
SECTION 7. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, and inserting in lieu thereof a new paragraph (6) to read as follows:
'(6) If applying for a license as counselor, the applicant must show that he or she either has had five years' experience as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner;'.
SECTION 8. Said title is further amended by striking Code Section 33-23-25, relating to place ofbusiness, and inserting a new Code Section 33-23-25 to read as follows:
'33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place ofbusiness shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address.'
SECTION 9. This Act shall become effective on July 1, 2006.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2006.

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PROPERTY- SECURITY DEPOSITS; ESCROW ACCOUNTS; DISPOSSESSORY PROCEEDINGS; SERVICE.

No. 669 (House Bill No. 1273).

AN ACT

To amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change certain provisions regarding placement of security deposits in escrow accounts; to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that a landlord may initiate dispossessory proceedings immediately after refusal by tenant of demand for possession; to provide that a service by posting the summons to the premises and mailing a copy to the defendant shall be sufficient for entry of a default judgment for possession in the absence of an answer being filed; to provide for the payment of certain sums into the registry of the court; 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 44 of the Official Code of Georgia Annotated, relating to security deposits, is amended by striking Code Section 44-7-31, relating to placement of security deposits in escrow accounts, and inserting in its place a new Code Section 44-7-31 to read as follows:
'44-7-31. Except as provided in Code Section 44-7-32, whenever a security deposit is held by a landlord or such landlord's agent on behalfof a tenant, such security deposit shall be deposited in an escrow account established only for that purpose in any bank or lending institution subject to regulation by this state or any agency ofthe United States government. The security deposit shall be held in trust for the tenant by the landlord or such landlord's agent except as provided in Code Section 44-7-34. Tenants shall be informed in writing of the location of the escrow account required by this Code section.'

SECTION 1.1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking in its entirety subsection (a) of Code Section 44-7-50, relating to demand for possession and procedure upon tenant's refusal, and inserting in lieu thereof the following:
'(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to paY the rent when it becomes due and in all cases where lands or tenements are held

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and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits."

SECTION 1.2. Said article is further amended by inserting at the end of Code Section 44-7-51, relating to issuance of summons, service, time of answer, and defenses and counterclaims, the following:
"(c) If service is by posting a copy of the summons and the affidavit on the door of the premises and mailing a copy of the summons and the affidavit to the defendant, as provided in subsection (a) of this Code section, the court shall have jurisdiction to enter a default judgment for possession of the premises in the absence of an answer being filed, but in such instance a default judgment for money owed may not be entered unless the defendant files an answer or otherwise makes an appearance in the case."

SECTION 1.3. Said article is further amended by striking in its entirety Code Section 44-7-56, relating to appeal and possession and payment of rent pending appeal, and inserting in lieu thereof the following:
"44-7 -56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within seven days ofthe date suchjudgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall be required to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."

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SECTION 2. All laws and parts of laws in conflict with this Act a~e repealed.

Approved May 1, 2006.

LOCAL GOVERNMENT-MUNICIPAL COURT CLERK TRAINING.
No. 672 (House Bill No. 1288).
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by adding a new Code Section 36-32-13 to the end of Article 1, relating to general provisions, to read as follows:
'36-32-13. (a) For purposes of this Code section, the term:
(1) 'Municipal court' shall have the same meaning as described in subsection (a) ofCode Section 36-32-l. (2) 'Municipal court clerk' shall mean the primary person most directly responsible for the administration ofa municipal court other than a judge ofthe municipal court. (b)(l) Any person who is hired or appointed as a municipal court clerk on or after July 1, 2006, shall satisfactorily complete a minimum of 16 hours of training related to the operation of municipal court as prescribed by the Georgia Municipal Courts Training Council within his or her first year of service as a municipal court clerk. (2) Each municipal court clerk, regardless of when he or she was hired or appointed, shall complete a minimum of 8 hours of training related to the operation of municipal court as prescribed by the Georgia Municipal Courts Training Council on an annual basis. The training required by this paragraph shall be satisfied by completing the training provided for in paragraph (1) of this subsection in the municipal court clerk's first year of service.

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(3) The reasonable costs and expense of training required by this Code section shall be paid by the governing authority of the municipality from municipal funds. (c) The Georgia Municipal Courts Training Council shall keep records of training completed by municipal court clerks. (d) In any year that any municipal court clerk does not satisfactorily complete the required training, the Georgia Municipal Courts Training Council shall promptly notify the governing authority of the applicable municipality as well as the chief municipal court judge of the applicable municipality:

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved May 1, 2006.

MOTOR VEHICLES -DISABLED PERSON PARKING PERMITS.
No. 674 (House Bill No. 1217).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking 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 amend Part 2 of Article 10 of Chapter 6 of Title 40 ofthe Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; 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. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking Code Section 40-2-74.1, relating to a special license decal

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for persons with disabilities, in its entirety and inserting in its place a new Code section to read as follows:
'40-2-74.1. (a) The department shall issue parking permits for persons with disabilities and may delegate to county tag agents the responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall receive applications for and issue parking permits by mail to persons with disabilities upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. 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 ofthe 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 shall 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, that he or she is a person with disabilities as specified in 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 displayed on the driver's side of the dashboard or hung from the rearview mirror. (c) The department shall issue a permanent permit to any person who is 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 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

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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 be predominantly blue in color and shall show prominently on its face an expiration date four 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 displayed on the driver's side of the dashboard or hung from the rearview mirror. (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 Code section. (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 be gold in color and shall show prominently on its face an expiration date four 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 displayed on the driver's side of the dashboard or hung from the rearview mirror. Such a special permit shall be used in the same manner as, and shall be subject to the provisions of this Code section relating to, other permanent parking permits for persons with disabilities and shall 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 gold 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.' (f) The department and county tag agents shall not charge or collect any fee for issuing parking permits for persons with disabilities under this Code section. (g) Any special disabled person decal issued under the former provisions of this Code section shall be valid until its expiration date but shall not be reissued.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, is amended by striking Code Section 40-6-222, relating to parking permits for persons with disabilities, in its entirety and designating it as "Reserved."
'40-6-222. Reserved.'

SECTION 3. Said part is further amended by striking Code Section 40-6-223, relating to absence of fees for handicapped parking permits, and designating it as "Reserved."
'40-6-223. Reserved."

SECTION 4. Said part is further amended by striking Code Section 40-6-225, relating to parking places for persons with disabilities for the nonambulatory, in its entirety and inserting in its place the following:
'40-6-225. Any business entity may elect to designate parking places for persons with disabilities for the nonambulatory. Such parking places for the nonambulatory shall be in addition to any parking places for persons with disabilities required by Chapter 3 of Title 30. Such parking places for the nonambulatory shall be clearly marked by a sign bearing the words 'Parking for Persons with Disabilities-nonambulatory persons only.' Such parking places for the nonambulatory shall only be utilized for the purpose of allowing a nonambulatory permanently disabled person to enter or get out ofa vehicle while in such parking place. A vehicle in a parking place for the nonambulatory shall be required to have a valid unexpired parking permit for persons with disabilities or a specially designated license plate for disabled persons authorized under Code Section 40-2-74 or 40-2-74.1. For the purposes of this Code section, the term 'nonambulatorypermanently disabled person' means a person who is permanently disabled as a result of the loss or loss of use of one or both legs and who is dependent upon crutches, a walker, or a wheelchair for locomotion.'

SECTION 5. Said part is further amended by striking subsections (a) and (a.l) of Code Section 40-6-226, relating to penalties for violating the provisions relating to parking for the disabled, in their entirety and inserting in their places the following:
'(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 Code Section 40-2-74 or

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40-2-74.1 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.1) 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 Code Section 40-2-74 or 40-2-74.1; 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.'

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 1, 2006.

HIGHWAYS- DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTS; BONDING.
No. 686 (House Bill No. 1177).
AN ACT
To amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department ofT ransportation construction contracts, so as to provide for bonding amounts for certain projects; 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 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, is amended by inserting after subsection (d) thereof a new subsection (e) to read as follows:

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n(e) When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a pub lie meeting. In such event, the estimated value of the construction portion ofthe contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to the following:
(1) Payment, performance, surety, cosurety, or excess layer surety bonds; (2) Letters of credit; (3) Guaranties of the contractor or its parent companies; (4) Obligations ofthe United States and of its agencies and instrumentalities; or (5) Cash co !lateral. (6) Provided however that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35%. The combination of such guarantees shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractor's obligation under the construction portion of the contract. Payment guarantees approved pursuant to this subsection shall be deemed to satisfy the requirements of Code Section 13-10-61. Contractors requesting payment under construction contracts guaranteed pursuant to this subsection shall provide the following certification under oath with each such request: 'All payments due to subcontractors and suppliers from previous payment received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification.'n

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 1, 2006.

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665

MOTOR VEHICLES -BREAST CANCER PROGRAM PRESTIGE PLATES; FEES DISTRIBUTION.

No. 691 (House Bill No. 1006).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, so as to emphasize that the renewal registration fees for breast cancer program prestige plates are to be distributed in the same manner as the initial fees; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, is amended by striking paragraphs ( 1) and (2) of subsection (f) of Code Section 40-2-86.8, relating to the special license plate supporting breast cancer programs, and inserting in their place the following:
'(f)(l) The funds derived from the sale of the special license plates provided by this Code section, including funds derived from the annual renewal registration fee received by the department on or after January 1, 2005, less a $1.00 processing fee which shall be granted to county tag offices per plate sold and less the actual cost of manufacturing such plates, shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. (2) As soon as practicable after the end of each month, the commissioner shall report the net amount derived from the sale or renewal of such license plates, not including actual manufacturing costs, to the Office of Planning and Budget and the Department of Community Health.'

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

Approved May 1, 2006.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LAW ENFORCEMENT- TASER AND ELECTRONIC CONTROL
WEAPONS ACT.

No. 692 (House Bill No. 1019).

AN ACT

To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to enact the "TASER and Electronic Control Weapons Act"; to require training and certification for peace officers authorized to use TASERs or other similar electronic control weapons or devices; to provide for legislative intent; to require the adoption ofwritten policies for those law enforcement agencies utilizing TASERs and other similar electronic control weapons and devices; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by adding a new Code section immediately following Code Section 3 5-8-25 to read as follows:
"35-8-26. (a) This Code section shall be known and may be cited as the 'TASER and Electronic Control Weapons Act.' (b) It is the intent and purpose of the Georgia General Assembly to establish legal requirements for the official use of electronic control weapons and similar devices by law enforcement officers, including those officers employed in detention facilities, which requirements shall be consistent with generally accepted industry practices. It is the further intent of the General Assembly to require that such devices, commonly referred toasTASERs or stun-guns, which disrupt the central nervous system of the human body, be used for law enforcement purposes in a manner consistent with established standards and with federal and state constitutional provisions. (c) A law enforcement unit authorizing the use ofelectronic control weapons or similar devices shall establish lawful written policies and directives providing for the use and deployment of such weapons and devices that are consistent with the training requirements established by the Georgia Peace Officer Standards and Training Council. The policies and directives required by this subsection shall be issued prior to the issuance of such devices. (d) Prior to the official use of electronic control weapons or similar devices, peace officers authorized by the officer's law enforcement unit to use such devices shall be required to satisfactorily complete a course of instruction and certification requirements approved by the council. All persons certified to use

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electronic control weapons shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their electronic control weapons certification to remain in force and effect. (e) A department head authorizing the use of an electronic control weapon or similar device or a peace officer using an electronic control weapon or similar device in violation of this Code section shall be subject to disciplinary action as provided for in this chapter. The council is authorized to withdraw or suspend the certification to operate an electronic control weapon of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal, suspension, or probation of a peace officer's certification. (f) The Georgia Public Safety Training Center shall provide council approved training to peace officers for the use of electronic control weapons and similar devices."

SECTION 2. This Act shall become effective on January 1, 2007, excepting that provisions applying to council certification and provisions for training offered by the Georgia Public Safety Training Center shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund certification by the council and training by the center.

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

Approved May 1, 2006.

REVENUE- HOTEL MOTEL TAX; NEW 5 PERCENT LEVY.
No. 693 (House Bill No. 1030).
AN ACT
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs ( 1) and (2) to read as follows:
n(a)(l)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the pub lie of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July I, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.
(B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted. (ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room,

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lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation. (C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period ofone or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division. (D) Except as provided in paragraphs (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), and (5 .3) ofthis subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph ( 1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a

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GENERAL ACTS AND RESOLUTIONS, VOL. I

department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (2.1), (3), (2.2), (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), (5.2), and (5.3) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead.'

SECTION 2. Said article is further amended in subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, by adding a new paragraph immediately following paragraph (2.1 ), to be designated paragraph (2.2), to read as follows:
'(2.2)(A) Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term:
(i) 'Charitable trust' shall have the meaning given such term in subsection (d) of Code Section 48-13-55. (ii) 'Development authority' shall mean a development authority created pursuant to Chapter 62 of Title 36, the 'Development Authorities Law.' (iii) 'Facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in division (ii) of subparagraph (D) of this paragraph. (iv) 'Functionally related business' shall have the meaning given such term in subsection (d) of Code Section 48-13-55. (v) 'Fund' or 'funding' shall include the cost and expense of all things necessary for the construction and operation of a facility or facilities, including, but not limited to, the study, operation, marketing, acquisition, construction, financing (including the payment of principal of and interest on any obligation of a development authority to finance such facility or facilities or refund any obligation of a development authority previously issued to finance such facility or facilities), dev~lopment, extension, enlargement, or improvement ofland, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred in connection therewith. (vi) 'Obligation' shall mean bonds, notes, or any instrument creating an obligation to pay or reserve moneys, having an initial term of not more than 35 years. (vii) 'Related entity' shall mean, with respect to a charitable trust, a functionally related business of such charitable trust, or any for profit or not for profit entity owned by or under common ownership with such charitable trust or owned by or under common ownership with a functionally related business ofsuch charitable trust or otherwise affiliated

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with such charitable trust in a manner approved by the development authority. (B) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or any municipality within such county in which is located, in either case, a convention and conference center which is at least 50,000 square feet in size and is owned in fee simple by a development authority and leased by such development authority to a charitable trust or a related entity thereof, and in which county or municipality there exists a private sector nonprofit organization which, on or before December 3 1, 2005, entered into a contract or a memorandum of understanding with the county or municipality and the aforementioned charitable trust pursuant to Code Section 48-13-55 relating to the expenditure of the proceeds of the tax collected under this Code section, may levy a tax under this Code section at a rate of 5 percent. (C) The proceeds of the taxes collected under this paragraph shall be expended pursuant to a contract or a memorandum ofunderstanding between the county or municipality, the private sector nonprofit organization, and the charitable trust, and such proceeds may be expended by or for the benefit of the county or municipality, the private sector nonprofit organization, or the charitable trust and related entities thereof for the purposes described in subparagraph (D) of this paragraph, provided that the expenditure of the proceeds of the tax levied on a charitable trust or a functionally related business thereof shall meet the requirements of Code Section 48-13-55. (D) The proceeds of the taxes collected under this paragraph may be expended for any or all of the following purposes: (i) Promoting tourism, conventions, and trade shows; (ii) Promoting, attracting, stimulating, and developing conventions and tourism pursuant to Code Section 48-13-55; or (iii) Funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, infrastructure, and facilities which have the effect of promoting, attracting, stimulating, and developing conventions and tourism, including, but not limited to, a hotel facility and infrastructure and utility projects, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the county or municipality to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a development authority, shall constitute a contract with the holder ofsuch obligation."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1 ), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1 ), (5.2), or (5 .3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection.

SECTION 4. Said article is further amended by striking paragraphs (9) and ( 10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (1 0) to read as follows:
'(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5 .1 ), (5 .2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption ofsuch budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B)(i) The determination as to whether a county or municipality has complied with the expenditure requirements ofparagraph (2), (2.1), (2.2), (3),(3.1), (3.2),(3.3),(3.4),(3.5), (3.7),(4),(4.1),(4.2),(4.3),(4.4), (4.5), (4.6), (4.7), (5), (5 .I), (5.2), or (5.3) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall disclose:
(I) The amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, whichever is applicable, during the fiscal year;

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(II) The amount of tax receipts under this Code section during such fiscal year; and (III) Expenditures as a percentage of tax receipts. (ii) A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (2.1 ), (2.2), (3), (3 .l ), (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 ), (5.2), or (5 .3) 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 Affairs upon completion of the report review required by paragraph (2) ofsubsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local government's auditor pertaining to noncompliance with this subparagraph to the Department of Revenue. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2),(2.1),(2.2),(3),(3.1),(3.2),(3.3),(3.4),(3.5),(3.7),(4),(4.1),(4.2),(4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection."

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

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

Approved May l, 2006.

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REVENUE- AD VALOREM TAX EXEMPTION; WATERCRAFT HELD IN INVENTORY.

No. 694 (House Bill No. 1249).

AN ACT

To amend Article I 0 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that watercraft held in inventory for resale shall be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, is amended by adding at the end thereof a new Part 7 to read as follows:

'Part 7

48-5-504.40. (a) As used in this Code section, the term:
(1) 'Dealer' means any person who is engaged in the business of selling watercraft at retail. (2) 'Watercraft' means any vehicle which is self-propelled or which is capable of self-propelled water transportation, or both. (b) Watercraft which is owned by a dealer and held in inventory for sale or resale shall constitute a separate classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning watercraft for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft do not apply to watercraft which is owned by a dealer and held in inventory for sale or resale. For the period commencing January 1, 2007, and concluding December31, 2008, such watercraft which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such watercraft until it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter.'

SECTION 2. This Act shall become effective on January 1, 2007.

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

Approved May 1, 2006.

MOTOR VEHICLES- LAW ENFORCEMENT; ALL-TERRAIN VEHICLES.
No. 695 (House Bill No. 1216).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Part 5 of Article I of Chapter 8, relating to equipment of law enforcement and emergency vehicles, by adding a new Code Section 40-8-91.1 immediately following Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles, to read as follows:
'40-8-91.1. (a) As used in this Code section, the term 'all-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with at least a 500 cubic centimeter engine, four or more low pressure tires, a seat to be straddled by the operator, and handlebars for steering control. (b) Every all-terrain vehicle must comply with the equipment and marking specifications set forth in this article before such vehicle can be used by law enforcement agencies and officers upon the public roads of this state. All provisions of law relating to safe operation of law enforcement or emergency vehicles shall be applied to the operation of such all-terrain vehicles. (c) Any all-terrain vehicle which is operated by law enforcement agencies and officers upon the public roads of this state shall be registered and licensed in accordance with the provisions of Code Section 40-2-3 7."
SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved May 1, 2006.

LABOR- PROFESSIONS- WORKERS' COMPENSATION; RETURN TO WORK RELEASE; MILEAGE EXPENSES; MAXIMUM DEATH BENEFIT.
No. 696 (House Bill No. 1240).
AN ACT
To amend Chapter 9 of Title 34 ofthe Official Code of Georgia Annotated, relating to workers' compensation, so as provide that the employer must provide notice to the employee within 60 days of the employee's release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employee's death; to require that physicians treating workers' compensation claimants comply with provisions against self-referral; to make a conforming amendment to Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Code Section 34-9-25 to read as follows:
8 34-9-25. Physicians treating workers' compensation claimants shall comply with the provisions against patient self-referral as set forth in Chapter 1B of Title 43.8
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 34-9-104, relating to modification of award or order contained in prior decision in event of change of condition, and inserting in its place the following:
0 (2) When an injury is not catastrophic, as defined in subsection (g) of Code Section 34-9-200.1, and the employee is not working, the board shall determine that a change in condition for the better has occurred and the

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employee shall be entitled to the payment of benefits for partial disability in accordance with Code Section 34-9-262 if it is determined that the employee has been capable of performing work with limitations or restrictions for 52 consecutive weeks. Within 60 days of the employee's release to return to work with restrictions or limitations, the employer shall provide notice to the employee on a form provided by the board that will inform the employee that he or she has been released to work with limitations or restrictions, will include an explanation of the limitations or restrictions, and will inform the employee of the general terms of this Code section. In no event shall an employee be eligible for more than 78 aggregate weeks of benefits for total disability while such employee is capable of performing work with limitations or restrictions. No provision of this paragraph shall be interpreted to prevent a change in condition from occurring pursuant to paragraph (1) of this subsection or to prevent an employee from becoming eligible for benefits for total disability should such employee subsequently become totally disabled after exhausting 52 consecutive weeks or 78 aggregate weeks of such benefits while capable of performing work with limitations or restrictions. Whenever an employer seeks to convert an employee from benefits for total disability to benefits for partial disability as provided in this paragraph, such employer may convert the benefits unilaterally by filing a form indicating the reason for the conversion as prescribed by rule of the board.'

SECTION 3. Said chapter is further amended by striking paragraph (4) of subsection (c) of Code Section 34-9-203, relating to employer's payment of reasonable medical charges, and inserting in its place the following:
'(4) Notwithstanding any other provision of this subsection, if the employee or the provider of health care goods or services fails to submit its charges to the employer or its workers' compensation insurer within one year of the date of service or the issuance of such goods or services or, in the case of an employee, within one year of the date of incurring of mileage expenses, then the provider is deemed to have waived its right to collect such charges from the employer, its workers' compensation insurer, and the employee; and, in regard to mileage expenses, the employee is deemed to have waived his or her right to collect such charges from the employer or its workers' compensation insurer.'

SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, and inserting in its place the following:
'(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $150,000.00.'

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SECTION 5. Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, is amended by striking Code Section 43-1 B-7, relating to exception for physicians treating workers' compensation claimants, and inserting in its place a new Code section to read as follows:
'43-1 B-7. Reserved.'

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

Approved May 1, 2006.

STATE GOVERNMENT -OFFICIAL STATE COLD WATER GAME FISH.
No. 697 (House Bill No. 1211).
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 Southern Appalachian brook trout as the official state cold water game fish; to designate the red drum as the official state salt-water fish; 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. (a) The General Assembly finds and determines that:
( 1) The Southern Appalachian brook trout is one of nature's most exquisite forms of art with its brilliant colors and intricate patterns; (2) The Southern Appalachian brook trout makes its home in the clean, cold, crystal clear waters of the North Georgia mountains and is Georgia's only native Salmonid species; (3) Throughout our state's history, our citizens have prized the Southern Appalachian brook trout for its tasty flesh and plentiful numbers; (4) Over the past century, however, extensive logging has decimated brook trout waters through sedimentation and erosion of habitat and, when nonnative trout were stocked to replace lost populations, the brook trout could not compete and were driven to higher elevation streams where they remain today; (5) The brook trout is also subject to harm today from acid rain that is deposited in the high mountains and ridges of our state from air pollution;

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(6) The protection of the Southern Appalachian brook trout has become a major conservation concern and the inclusion of the Southern Appalachian brook trout in our official state symbols list could possibly contribute to the efforts to protect this magnificent state natural resource; (7) The Southern Appalachian brook trout is an excellent indicator of water and air quality and declines in their numbers can serve as early warning signs that environmental conditions may be deteriorating in our watersheds; and (8) Establishing an official state cold water game fish is necessary to fully recognize our diverse wildlife and the Southern Appalachian brook trout is deserving of the attention and appreciation of the citizens of this state by designation as the official state cold water fish. (b) The General Assembly further finds and declares as follows: (1) The red drum, also known as redfish, spottail bass, and channel bass, is highly prized by Georgia's citizens as a worthy adversary on the end of a fishing line and an epicurean delight on the table; (2) A visually stunning specimen of marine life, the red drum varies in color from a pale pink to a deep bronze. The false-eye spot found near the tail is a unique characteristic as is the powder blue markings on the fringe of the tail; (3) The red drum is found from the smallest tidal creek to the crashing surf on lonely barrier islands to the depths of the Atlantic Ocean and thus is symbolic of the link between the diversity of habitats found along Georgia's coast; (4) A long-lived species, red drum are known to reach an age in excess of 50 years. A single female may produce billions of eggs over a lifetime; (5) Prior to the mid-1980's, Georgia s red drum population was in jeopardy from the over harvesting of immature fish and adults; (6) State biologists and concerned anglers saw the need for conservation of this magnificent species and advocated for the first harvest regulations implemented by the General Assembly in 1986; (7) Year in and year out, red drum rank among the top three species caught and kept by Georgia salt-water anglers. Georgia's human population continues to increase and the number of salt-water anglers seeking red drum increase along with it; (8) Because of the red drum s importance to Georgia anglers, the landmark Peach State Reds Initiative will investigate the feasibility of using hatchery reared red drum as a fishery management tool while providing additional much needed science based information; (9) A survey of the Coastal Conservation Association of Georgia's membership revealed that nearly 50 percent were in favor of the red drum becoming Georgias state salt-water fish; and ( 10) Establishing an official state salt-water fish is necessary to fully recognize the importance of our coastal fisheries to our state, and the red drum is deserving of the attention and appreciation of the citizens of this state by designation as the official state salt-water fish.

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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 to read as follows:
"50-3-82. The Southern Appalachian brook trout is designated as the official Georgia cold water game fish."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"50-3-83. The red drum is designated as the official Georgia salt-water fish."

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

Approved May l, 2006.

EDUCATION- AGRICULTURAL EDUCATION ADVISORY COMMISSION.
No. 699 (House Bill No. 1227).
AN ACT
To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows:
nPart 8
20-14-90. (a) There is created the Agricultural Education Advisory Commission.

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(b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, at least one of whom shall be from the House Committee on Agriculture and Consumer Affairs and at least one of whom shall be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, at least one of whom shall be from the Senate Agriculture and Consumer Affairs Committee and at least one of whom shall be from the Senate Education and Youth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments.
(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve for two year terms concurrent with those terms oflegislative members ofthe commission. (c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission. (d)(l) The head of the agricultural education program of the Department of Education shall report annually to commission regarding the conditions, needs, issues, and problems of the program. (2) The commission shall periodically review the conditions, needs, issues, and problems related to the agricultural education program, issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet not less than two nor more than four times annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any 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

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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 the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually. (f) This part shall stand repealed on December 31, 20 12.'

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

Approved May I, 2006.

PUBLIC UTILITIES- TELEPHONE RECORDS PROTECTION.
No. 700 (House Bill No. 1290).
AN ACT
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating telephone and telegraph services, so as to provide that the unauthorized sale or use of telephone records of a customer is unlawful and constitutes a felony; to provide a short title; to provide a penalty; to provide for certain exemptions including the actions of law enforcement agencies; to provide 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 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph services, is amended by adding a new Article 6 to read as follows:
'ARTICLE 6
46-5-200. This article shall be known and may be cited as the 'Georgia Telephone Records Protection Act.'

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46-5-201. As used in this article, the term:
(1) 'Procure' means to obtain by any means, whether electronically or in writing or in oral form, with or without consideration. (2) 'Telephone' means any device used by a person for voice communications in connection with the services of a voice service provider, whether such voice communications are transmitted in analog, data, or any other form. (3) 'Telephone record' means information retained by a voice service provider that relates to a telephone number dialed by the customer or the incoming telephone numbers of calls directed to a customer or other data related to telephone calls typically contained on a customer telephone bill, such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (4) 'Voice service provider' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity that provides telephone services to a customer, irrespective of the communications technology used to provide such service, including, but not limited to, traditional wireline or cable telephone service; cellular, broadband personal communications service, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet protocol service.

46-5-202. (a) It shall be a felony, punishable by a fine of not more than $250,000.00, imprisonment for not more than ten years, or both, for a person to do any of the following acts:
(1) To knowingly procure, attempt to procure, solicit, or conspire with another to procure a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means; (2) To knowingly sell, or attempt to sell, a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains; or (3) To receive a telephone record of any resident or business of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means.

46-5-203. No provision of this article shall be construed so as to prevent any action by a law enforcement agency or any officer or agent of the agency, under color of law, to

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obtain telephone records in connection with the performance of the official duties of the agency.

46-5-204. (a) No provision of this article shall be construed to prohibit a voice service provider from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents, vendors, or suppliers, in any of the following circumstances:
( 1) As otherwise authorized or permitted by law, including, but not limited to, the sharing of the records with its affiliates or pursuant to the terms of an interconnection agreement or other contractual agreement between voice service providers; (2) With the consent or approval of the customer or subscriber; (3) As may be reasonably incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to the services; (4) To give access to a governmental entity, if the voice service provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; (5) To give access to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990,42 U.S.C. Section 13032; or (6) Pursuant to a court order or pursuant to a subpoena, discovery request, or notice to produce properly served by any party in a civil action, administrative proceeding, or criminal proceeding. (b) The provisions of this article shall not apply to a voice service provider, its employees, agents, or representatives who reasonably and in good faith act pursuant to the provisions ofsubsection (a) of this Code section, notwithstanding any later determination that the act was not authorized.

46-5-205. No private right of action is authorized pursuant to this article.'

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

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

Approved May 1, 2006.

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REVENUE- CONSERVATION USE; COVENANT BREACH.

No. 701 (House Bill No. 1293).

AN ACT

To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which constitute a breach of a conservation use covenant but incur a reduced penalty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by striking subsection (q) and inserting in its place a new subsection (q) to read as follows:
'(q) In the following cases, the penalty specified by subsection (1) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
( 1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (1) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona

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fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or (4) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner entered into the covenant for bona fide conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in a qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors.

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

Approved May 1, 2006.

STATE GOVERNMENT -EDUCATION- UNIVERSITY SYSTEM; DELAY CERTAIN REPEALS; NONLAPSING REVENUES.
No. 702 (House Bill No. 1294).
AN ACT
To amend an Act amending Chapter 16 ofTitle 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 ofChapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313 ), so as to delay the repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) An Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university

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system, approved May 29, 2003 (Ga. L. 2003, p. 313), is amended by striking Section 6 of said Act and inserting in lieu thereof the following:

"SECTION 6. Section 1 of this Act shall be repealed in its entirety on June 30, 2005; Sections 2 and 3 of this Act shall be repealed in their entireties on June 30, 2006; and Section 4 of this Act shall be repealed in its entirety on June 30, 2008.' (b) The purpose of subsection (a) of this section is to:
(1) Delay the repeal of Section 4 of said Act, which amended subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, until June 30, 2008; and (2) Eliminate the June 30, 2006, repeal of Section 5 ofsaid Act, which enacted Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system.

SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 2 of Chapter 3, relating to the university system, by striking Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system, and inserting in lieu thereof the following:
'20-3-86. Revenue collected by any or all institutions in the university system from departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. This Code section shall stand repealed on June 30, 2008.'

SECTION 3. Said title is further amended in Article 2 of Chapter 4, relating to technical and adult education, by adding a new Code section to read as follows:
'20-4-21.1. Revenue collected by any or all institutions under the Department of Technical and Adult Education from departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. This Code section shall stand repealed on June 30, 2008.'

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 1, 2006.

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PROFESSIONS; USED MOTOR VEHICLE DEALERS; BOND.

No. 707 (House Bill No. 1075).

AN ACT

To amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, is amended by striking subsection (h) in its entirety and substituting in its place the following:
"(h) The bond shall be in the amount of $35,000.00 for used car dealers and $10,000.00 for used parts dealers and shall be filed, immediately upon the granting of the license, with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the division director for the division director's approval prior to the granting of a license.'

SECTION 2. This Act shall become effective on January 1, 2007, and be applicable to bond renewals on or after that date.

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

Approved May I, 2006.

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GENERAL ASSEMBLY- GEORGIA COMMISSION ON INTERSTATE COOPERATION; NONPARTISAN LEGISLATIVE ORGANIZATIONS.

No. 708 (House Bill No. 1067).

AN ACT

To amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to the membership of the Georgia Commission on Interstate Cooperation; to define a certain term; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments-Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, is amended by striking Code Section 28-6-2, relating to creation and membership of the Georgia Commission on Interstate Cooperation, and inserting in lieu thereof the following:
'28-6-2. (a) There is established the Georgia Commission on Interstate Cooperation. The commission shall be composed of 15 regular members:
(1) The five members of the Senate Committee on Interstate Cooperation; (2) The five members of the House Committee on Interstate Cooperation; and (3) The five members ofthe Governor's Committee on Interstate Cooperation. (b) The chairperson of the Senate Committee on Interstate Cooperation and the chairperson of the House Committee on Interstate Cooperation shall be cochairpersons of the commission. (c) The Governor, the President of the Senate, and the Speaker of the House of Representatives shall be ex officio honorary nonvoting members of this commission.

SECTION 2. Said chapter is further amended by inserting following Code Section 28-6-1 a new Code section to read as follows:

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'28-6-1.1. As used in this chapter, the term 'nonpartisan legislative organization' means an organization whose membership is limited to legislators and which does not align itself with and is not funded by a political party.'

SECTION 3. Said chapter is further amended by striking Code Section _28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in lieu thereof the following:
'28-6-3. It shall be the function of the commission to:
(1) Carry forward the participation of this state as a member of any regional, national, or international nonpartisan legislative organization that promotes interstate or international cooperation; (2) Encourage and assist the legislative, executive, administrative, and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise with officials and employees ofthe other states, of the federal government, and of local units of government; (3) Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for and by facilitating:
(A) The adoption of compacts; (B) The enactment of uniform or reciprocal statutes; (C) The adoption of uniform or reciprocal administrative rules and regulations; (D) The informal cooperation of governmental offices with one another; (E) The personal cooperation of governmental officials and employees with one another; (F) The interchange and clearance of research and information; and (G) Any other suitable process; and (4) Do all such acts as will, in the opinion of the commission, enable this state to do its part or more in forming a more perfect union among the various governments in the United States and in promoting international relations by developing nonpartisan legislative organizations for such purposes.'

SECTION 4. Said chapter is further amended by striking Code Section 28-6-7, relating to a declaration that the Council of State Governments, Council of State Governments-Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies ofthis state, and inserting in lieu thereof the following:
'28-6-7. Any nonpartisan legislative organization in which this state is a participant pursuant to paragraph (I) of Code Section 28-6-3 and which has its regional or national headquarters located in this state is declared to be a joint governmental agency of this state and of the other states which cooperate through it.'

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

Approved May 1, 2006.

ELECTIONS- HIGHWAYS- CAMPAIGN SIGNS ON PRIVATE PROPERTY; PROHIBITED OUTDOOR ADVERTISING.
No. 727 (House Bill No. 1097).
AN ACT
To amend Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited placements of campaign posters, signs, and advertisements, so as to limit certain regulations of campaign signs on private property; to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, so as to prohibit certain outdoor advertising containing depictions ofnudity or sexual conduct which are visible to motor vehicle drivers traveling on certain public roads; to define certain terms; to provide punishments for violations; to provide legislative findings and declarations; to change certain provisions relating to restrictions on outdoor advertising signs authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on the interstate system, primary highways, and other highways; to repeal certain provisions of law restricting outdoor advertising which were declared unconstitutional by the Georgia Supreme Court in the case of State v. Cafe Erotica, Inc., 270 Ga. 97 ( 1998); to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited placements of campaign posters, signs, and advertisements, is amended by striking subsection (a) and inserting a new subsection (a) to read as follows:
'(a) It shall be unlawful for any person to place posters, signs, or advertisements: (1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or

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advertisements on such property; and, provided, further that no municipal, county, or consolidated government may restrict by regulation or other means the length of time a political campaign sign may be displayed or the number of signs which may be displayed on private property for which permission has been granted; or (3) On any property zoned for commercial or industrial uses ifthe placement of such posters, signs, or advertisements conflicts with any zoning laws or ordinances."

SECTION 2. Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, is amended by adding a new Code Section 32-6-52 to read as follows:
.32-6-52. (a) As used in this Code section, the term:
(1) 'Nudity' means the displaying of any portion of the human female breast below the top of the areola or the displaying of any portion of any human's pubic hair, anus, vulva, or genitals. (2) 'Outdoor advertising' means any commercial advertisement displayed outdoors by means of billboards or signs. (3) 'Sexual conduct' means acts of sexual intercourse, masturbation, sodomy, or fondling of a human's clothed or unclothed genitals, pubic area, buttocks, or, if the human is female, breast. (b) The General Assembly finds and declares that outdoor advertising containing depictions of nudity or sexual conduct which are visible from the roadways of public roads may be startling or provocative and thereby divert the attention of motor vehicle drivers, thus causing real and substantial hazards to traffic safety. The General Assembly further declares that the purpose of this Code section is to protect the public welfare and safety against such hazards. (c) No person shall display any outdoor advertising containing any depiction of nudity or sexual conduct when such depiction is visible from the roadway of any public road in the state highway system as defined in Code Section 32-4-1. (d)(l) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1 ,000.00. (2) Each day during which outdoor advertising is displayed in violation of subsection (c) of this Code section shall constitute a separate offense."

SECTION 3. Said article is further amended by striking in its entirety paragraph (12) of subsection (a) of Code Section 32-6-75, relating to outdoor advertising signs authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on the interstate system, primary highways, and other highways, and inserting in lieu thereof the following:

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"( 12) Contains more than two faces visible from the same direction on the main traveled way; provided, however, that after July 1, 2006, no sign shall be erected that contains more than one face vertically stacked visible from the same direction on the main traveled way. Double-faced, back-to-back, and V-type constructed signs shall, for the purpose ofdetermining compliance with size and spacing limitations, be considered as one sign;"

SECTION 4. Said article is further amended in said Code section by striking in its entirety paragraph (8) of subsection (a) and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights except those giving public service information such as time, date, temperature, weather, or other similar information except as expressly permitted under subsection (c) of this Code section. The illumination of mechanical multiple message signs is not illumination by flashing, intermittent, or moving light or lights, except that no multiple message sign may include any illumination which is flashing, intermittent, or moving when the sign is in a fixed position;"

SECTION 5. Said article is further amended in said Code section by striking subsection (b) and inserting in lieu thereof the following:
'(b) Reserved."

SECTION 6. Said article is further amended in said Code section by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu the following:
"(1) Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions:
(A) Each multiple message sign shall remain fixed for at least ten seconds; (B) When a message is changed mechanically, it shall be accomplished in three seconds or less; (C) No such multiple message sign shall be placed within 5,000 feet of another mechanical multiple message sign on the same side of the highway; (D) Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs; (E) Any maximum size limitations shall apply independently to each side of a multiple message sign; and (F) Nonmechanical electronic multiple message signs that are otherwise in compliance with this subsection and are illuminated entirely by the use of light emitting diodes, back lighting, or any other light source shall be permitted under the following circumstances:
(i) Each transitional change occurs within two seconds;

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(ii) If the department finds an electronic sign or any display or effect thereon to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with the safe operation of a motor vehicle, then, upon the department's request, the owner of the sign shall promptly and within not more than 48 hours reduce the intensity of the sign to a level acceptable to the department; and (iii) The owner of any existing or nonconforming electronic sign shall have 180 days from the effective date of this subparagraph to bring the electronic sign in compliance with this subparagraph and to request a permit from the department."

SECTION 7. In the event any section, subsection, sentence, clause, or phrase ofthis Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall affect and invalidate the whole of the section in which such matter appears herein, but 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 hereofwould be declared or adjudged invalid or unconstitutional, but would not have passed any section of this Act containing or constituting an invalid or unconstitutional provision.

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2006.

STATE GOVERNMENT- SECTION 8 HOUSING FRAUD AND ABUSE.
No. 728 (House Bill No. 1162).
AN ACT
To amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department ofComm unity Affairs, so as to require the Department of Community Affairs to investigate and

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refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, is amended by adding a new Code Section 50-8-3.1 to read as follows:
'50-8-3 .I. (a) The department shall have the power and duty to investigate fraud and abuse in the federal Section 8 Housing Choice Voucher Program administered by the department pursuant to 42 U.S.C. Section 1437, et seq. (b) When cases of criminal fraud or abuse are discovered or detected, the department shall refer such cases where warranted to the district attorney of the county in which the fraud or abuse occurred for prosecution. Such cases shall be prosecuted as violations of Code Section 16-8-3, relating to theft by deception; Code Section 16-10-20, relating to making false statements or writings; Code Section 16-10-71, relating to false swearing; or any other such criminal provision as the district attorney may deem appropriate under the facts and circumstances of the case. (c) When a case of fraud or abuse is discovered or detected that is not criminal in nature or when a prosecutor declines to prosecute a case referred by the department under this Code section, the department shall have the authority to settle such case on such terms and conditions as the department finds suitable under the facts and circumstances of the case. In addition, the department shall be authorized to initiate and prosecute civil actions to recoup overpayments or improper payments. The department shall also have the authority to settle such civil cases on such terms and conditions as the department finds suitable under the facts and circumstances of the cases.
(d)(l) Prior to the filing of an accusation or the return of an indictment alleging fraud or abuse in the federal Section 8 Housing Choice Voucher Program administered by the department, a prosecuting attorney may defer further prosecution of such accusation or indictment and shall have the authority to enter into a consent agreement with the individual in which such individual admits to any overpayment, consents to disqualification for such period of time as is or may hereafter be provided by law or by the rules and regulations of the department, and agrees to repay, as restitution, such overpayment. Such agreement may provide for a lump sum repayment, installment payments, formula reduction of benefits, or any combination thereof. Such agreement shall toll the running of the statute of limitations for such offense for the period of the agreement. Prior to entering into such

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consent agreement with an individual, the prosecuting attorney or his or her designee shall advise such person that he or she may consult with an attorney prior to signing such consent agreement. If the individual so requests, he or she shall be afforded a reasonable amount of time, not to exceed 15 days, to engage or consult an attorney. A consent agreement entered into in accordance with this subsection shall not constitute a criminal charge. (2) Any such agreement shall be filed in the criminal docket of the court having jurisdiction over the violation without the necessity of the state filing an accusation or an indictment being returned by a grand jury. The clerk shall enter upon the docket 'CONSENT AGREEMENT NOT A CRIMINAL CHARGE.' (3) Upon successful completion of the terms and conditions of the consent agreement, criminal prosecution of the individual for such offense shall be barred; provided, however, that nothing in this paragraph shall prohibit the state from introducing evidence of such offense as a similar transaction in any subsequent prosecution or for the purpose of impeachment. The successful completion of the terms and conditions of the agreement shall not be considered a criminal conviction. (4) If the individual fails to comply with the terms of such consent agreement, the state may proceed with a criminal prosecution."

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, 2006.

RETIREMENT; TEACHERS; LOCAL SCHOOL BOARDS; BENEFIT INCREASES.
No. 729 (House Bill No. 400).
AN ACT
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to authorize certain county, municipal, or local boards of education to provide a benefit increase; to

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provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits in the Teachers Retirement System of Georgia, is amended by inserting immediately following Code Section 47-3-126.3 a new Code section to read as follows:
'4 7-3-126.4. (a) As used in this Code section, the term 'beneficiary' shall have the meaning specified in paragraph (7) of Code Section 47-3-1. (b) Subject to the limitations ofsubsection (c) ofthis Code section, effective July 1, 2006, the monthly retirement benefit of each beneficiary shall be increased by a percentage which varies in accordance with the time of retirement as follows:

Time of Retirement

Percentage Increase

Prior to July 1, 1974 .......................................... 10.0

July 1, 1974, through June 30, 1982 .............................. 6.0

July 1, 1982, through June 30, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0

After June 30, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0

(c) The full percentage increase provided for in subsection (b) of this Code section shall apply only to those beneficiaries who had 20 or more years of creditable service at the time of retirement. For those beneficiaries who had at least ten but less than 20 years ofcreditable service at the time of retirement, the monthly benefit increase provided for by subsection (b) of this Code section shall be reduced by 5 percent for each year less than 20 years of creditable service. Beneficiaries who had less than ten years of creditable service shall not receive an increase in their monthly retirement benefit under this Code section. (d) Any county, municipal, or local board of education is authorized, but not required, to provide a postretirement benefit increase as provided in this Code section to any teacher who retired under a public retirement system or fund maintained by such county, municipal, or local board of education, provided that:
( 1) The actuary for the fund certifies that such increase would not result in any unfunded accrued liability as to such retirement system; or (2) The affected political subdivision appropriates sufficient funds to cover the actuarial cost of granting such benefit."

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SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 4 7 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 3, 2006.

PUBLIC OFFICERS; STATE MERIT CLASSIFIED SERVICE; ELIMINATE LEGISLATIVE EMPLOYEE OPTION.
No. 732 (Senate Bill No. 286).
AN ACT
To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system ofpersonnel administration in general, so as to repeal provisions relating to optional coverage of legislative branch employees under the classified service of the state merit system; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system ofpersonnel administration in general, is amended by striking Code Section 45-20-7, relating to optional coverage oflegislative branch employees under the classified service of the state merit system, and inserting in its place the following:
'45-20-7. Reserved."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 3, 2006.

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PUBLIC UTILITIES; RAILROAD COMPANIES; SUBSTANTIAL REVISION.

No. 733 (Senate Bill No. 285).

AN ACT

To amend Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies; so as to remove certain provisions relating to general provisions regarding railroad companies; relating to powers of railroad companies generally; relating to construction, improvement, and repair ofrail lines, depots, and roads; relating to operation of trains generally; relating to operation of trains at crossings; relating to injury to livestock and other property; relating to liens against railroad companies; relating to leases and conditional sales of rolling stock; relating to acts or attempts resulting in insolvency or judicial seizure of a company; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 46 ofthe Official Code of Georgia Annotated, relating to railroad companies, is amended by repealing and reserving Article l, relating to general provisions regarding railroad companies.

SECTION 2. Said chapter is further amended in Article 4, relating to powers of railroad companies generally, by repealing and reserving Code Section 46-8-101, relating to contracts between railroad companies for common use of tracks within cities, and by repealing and reserving Code Section 46-8-102, relating to construction and operation of vessels by railroad companies, and by repealing and reserving Code Section 46-8-103, relating to appropriation by railroad corporations of public highways, bridges, and ferries, and by repealing and reserving Code Section 46-8-105, relating to effect of adoption of Code Section 46-8-104 by railroad corporations not chartered by the General Assembly, and by repealing and reserving Code Section 46-8-106, relating to the sale or lease of property, rights, and franchises of railroad corporation upon termination ofprior lease, and by repealing and reserving Code Section 46-8-107, relating to the sale of a railroad under trust deed, upon foreclosure of mortgage, or by judicial decree, and by repealing and reserving Code Section 46-8-108, relating to reorganization of a corporation by purchasers or their associates or assigns, and by repealing and reserving Code Section 46-8-109, relating to the exercise by a railroad company of rights, franchises, and privileges in another state or territory.

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SECTION 3. Said chapter is further amended in Article 5, relating to construction, improvement, and repair ofrail lines, depots, and roads, by repealing and reserving Code Section 46-8-125, relating to change of general direction and route of railroads, and by repealing and reserving Code Section 46-8-12 7, relating to regulation of distance between tracks with the same terminal points, and by repealing and reserving Code Section 46-8-129, relating to construction and maintenance by and at expense of railroad company of cattle guards, and by repealing and reserving Code Section 46-8-130, relating to liability of railroad company to landowner for failure to build cattle guard, and by repealing and reserving Code Section 46-8-13 1, relating to construction of cattle guard and farm crossing by railroad company upon request of landowner, and by repealing and reserving Code Section 46-8-132, relating to construction and applicability of Code Sections 46-8-129 through 46-8-131.

SECTION 4. Said chapter is further amended in Article 6, relating to operation of trains generally, by repealing and reserving Part 1, relating to employees engaged in operation of trains generally, and by repealing and reserving Part 2, relating to signal whistles and lights on trains.

SECTION 5. Said chapter is further amended in Part 3 of Article 6, relating to operation of trains at crossings, by repealing and reserving Code Section 46-8-190, relating to erection ofblowposts to warn of crossings and the duty oflocomotive engineers to blow the whistle, and by repealing and reserving Code Section 46-8-191, relating to the duty of railroad companies as to the erection of blowposts and exercise of due care by locomotive engineers, and by repealing and reserving Code Section 46-8-192, relating to effect of title on duties or liabilities of railroad companies under other laws, and by repealing and reserving Code Section 46-8-193, relating to duty of enginemen and conductors to stop trains at railroad crossings, and by repealing and reserving Code Section 46-8-198, relating to erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch.

SECTION 6. Said chapter is further amended in Article 6, relating to operation of trains generally, by repealing and reserving Part 4, relating to injury to livestock and other property.

SECTION 7. Said chapter is further amended by repealing and reserving Article 8, relating to liens against railroad companies.

SECTION 8. Said chapter is further amended by repealing and reserving Article 9, relating to leases and conditional sales of rolling stock.

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SECTION 9. Said chapter is further amended by repealing and reserving Article 13, relating to acts or attempts resulting in insolvency or judicial seizure of a company.

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

Approved May 3, 2006.

COURTS; PATAULA CIRCUIT; TERMS.
No. 735 (Senate Bill No. 264).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (31) and substituting the following in lieu thereof:
'(31) PATAULA CIRCUIT: (A) Clay County- Second Monday in March and September. (B) Early County- Second Monday in January and July. (C) Miller County- Third Monday in February and August. (D) Quitman County- Fourth Monday in March and September. (E) Randolph County- Second Monday in May and November. (F) Seminole County- Third Monday in April and October. (G) Terrell County- First Monday in June and December.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 3, 2006.

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BUILDINGS; MANUFACTURED HOMES; CERTIFICATE OF PERMANENT LOCATION.

No. 736 (Senate Bill No. 253).

AN ACT

To amend Part 4 of Article 2 of Chapter 2 of Title 8 ofthe Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for a Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide an alternative method of obtaining a Certificate of Permanent Location that does not involve a certificate of title; 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 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, is amended by striking Part 4 and inserting in lieu thereof the following:

'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. (4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160.

8-2-181. (a) Except as provided in Subpart 1A of this part, a manufactured 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 or as provided in Subpart 1A of this part. (b) A manufactured home shall become real property if:

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(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include: ( 1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner prescribes.

8-2-182. (a) When a Certificate ofPermanent 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 of Permanent Location 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 of Permanent Location, 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 of Permanent Location together with all other prior title records related to the home. When a properly executed Certificate of Permanent Location 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 of Permanent Location has been so filed and the certificate of title has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner, the clerk of superior court shall provide a copy

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ofthe Certificate of Permanent Location to the appropriate board oftax 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 of the Certificate of Permanent Location is properly filed with the commissioner, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.

Subpart lA

8-2-183.1. (a) A manufactured home which has not been issued a certificate oftitle from the commissioner and which is sold on or after July 1, 2006, shall become real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location in the real estate records of the county where the real property is located. (b) The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include: (1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) As an attachment, the manufacturer's original certificate of origin; and (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. (c) A Certificate of Permanent Location shall be filed with the clerk ofsuperior court, and the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be

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indexed under the name of the current owner of the real property in both the grantor and grantee indexes. (d) When a Certificate of Permanent Location is properly filed with the clerk of superior court, 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. (e) When a properly executed Certificate of Permanent Location 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. (f) Upon recording the Certificate of Permanent Location, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property. (g) 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:
(I) The manufactured 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 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, if applicable; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former Certificate of Permanent Location; and

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(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 of title 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 of Removal from Permanent Location containing thereon confirmation by the commissioner that the Certificate of Removal from Permanent Location 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 of Removal from Permanent Location contains thereon the confirmation by the commissioner that the Certificate of Removal from Permanent Location 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 of Removal from Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

Subpart 3

8-2-187. (a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:
(I) 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: (I) 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, if applicable; (4) A description ofthe real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former Certificate of Permanent Location;

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(5) Verification of the 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 of Destruction containing thereon confirmation by the commissioner that the Certificate of Destruction 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 of Destruction contains thereon the confirmation by the commissioner that the Certificate of Destruction has been filed with the commissioner. (b) When a Certificate of Destruction is properly filed with the clerk ofsuperior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Destruction and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

Subpart 4

8-2-190. A manufactured home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.

8-2-191. The commissioner shall charge a fee of $18.00 for any filing under this part.'

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

Approved May 3, 2006.

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PUBLIC UTILITIES; SUPERIOR COURT FILING OF PSC ORDERS.

No. 737 (Senate Bill No. 210).

AN ACT

To amend Chapter 2 of Title 46 ofthe Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for superior court filing of certain commission orders; to provide for venue, judgment, and effect ofjudgment; to repeal conflicting laws, and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended in Code Section 46-2-91, relating to penalties imposed by order of the commission, by inserting a new subsection to be designated subsection (d) to read as follows:
'(d) The commission may file in the superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business a certified copy of a final order of the commission unappealed or of a final order of the commission affirmed upon appeal, whereupon the court shall render judgment in accordance therewith andnotifythe parties. The judgment shall have the same effect, and all 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.'

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

Approved May 3, 2006.

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PUBLIC UTILITIES; GAS SUPPLY PLAN; ADJUSTMENT FACTORS; PCS ORDERS.

No. 738 (Senate Bill No. 209).

AN ACT

To amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended in Code Section 46-2-26.5, relating to gas supply plans and adjustment factors, by striking subsection (e) and inserting in lieu thereof the following:
'(e) Following such a hearing, the commission shall issue an order approving the gas supply plan filed by the gas utility or adopting a gas supply plan for the gas utility that the commission deems appropriate. In addition, the commission in its order shall approve the adjustment factors proposed by the gas utility or adopt adjustment factors that the commission deems appropriate. The adjustment factors approved or adopted by the commission, or otherwise made effective under this Code section, shall be applied uniformly to all firm customers upon the effective date of such factors. The adjustment factors to be effective during the recovery year commencing October 1, 1994, shall be set at levels appropriate to account for underrecoveries or overrecoveries, if any, under the purchased gas adjustment rate of the gas utility in effect prior to October 1, 1994. The adjustment factors to be applicable during each recovery year commencing October l, 1995, and thereafter, shall be set at levels appropriate to account for underrecoveries or overrecoveries during the preceding recovery year. Should the commission fail or refuse to issue an order by the ninetieth day after the gas utility's filing which either approves the gas supply plan filed by the gas utility or adopts a different gas supply plan for the gas utility, the gas supply plan proposed by the gas utility shall thereupon be deemed approved by operation of law. Similarly, should the commission fail or refuse to issue an order by such date which either approves the adjustment factors proposed by the gas utility or adopts different adjustment factors for the gas utility, the adjustment factors proposed by the gas utility shall thereupon be deemed approved by operation of law."

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

Approved May 3, 2006.

COURTS- CRIMINAL PROCEDURE; INDIGENT DEFENSE SERVICES; FEES AND FEE COLLECTION; ATTORNEY'S FEES AND COSTS.
No. 739 (Senate Bill No. 203).
AN ACT
To amend Title 15 and Title 17 ofthe Official Code of Georgia Annotated, relating respectively to courts and legal defense for indigents, so as to clarify and change provisions relating to fees and collection of fees for indigent defense services; to provide that local victim assistance funds collected by the courts shall be paid directly to the county governing authority or the district attorney; to provide for certain reports; to provide that the Criminal Justice Coordinating Council shall quarterly prepare and publish a report of all courts that have not filed certain reports; to change certain provisions relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court; to change certain provisions relating to the application fees for free legal services and remittance of funds; to clarify remittance of the $50.00 application fee to certain entities; to change provisions relating to an additional filing fee on civil actions in the probate courts; to change provisions relating to the system of reporting and accounting relating to the Georgia Superior Court Clerks Cooperative Authority; to authorize certain inquiries and audits; to authorize the recovery of attorney's fees and costs under certain circumstances; to provide for definitions; to provide for clarity regarding which entities may be entitled to collect attorney's fees and the mechanism for such collection; to correct a cross-reference relating to circuit public defender office's contracts with local governments; to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-21-132, relating to assessment and collection of local victim assistance funds, and inserting in lieu thereof the following:

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'15-21-132. (a) The sums provided for in Code Section 15-21-13 1 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid monthly:
(1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, 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, to the district attorney of the judicial circuit in which the county is located for 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 percent of the funds received by the governing authority in the preceding calendar year. (b) The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected to the county governing authority or district attorney, as appropriate, and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks" Cooperative Authority, and the Georgia Superior Court Clerks" Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed 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, except county governing authorities, 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 pursuant to this Code section, 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

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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. (h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section:

SECTION 2. Said title is further amended by striking Code Section 15-21A-4, relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court, and inserting in lieu thereof the following:
"15-21 A-4. (a)(l) Each clerk of any court or any other officer or agent of any court receiving any funds required to be remitted to the authority under this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. Each clerk of any court or other officer or agent of any court receiving any funds required to be reported to the authority by this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7 shall report such funds to the authority no later than 60 days after the last day of the month in which such funds are received. (2) The chiefjudge of superior court for each county shall have the authority to require compliance with this chapter and with the rules and regulations of the authority promulgated by the authority in accordance with Code Section 15-21A-7 by any clerk, officer, or agent of 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 chapter or by the rules and regulations

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of the authority promulgated in accordance with Code Section 15-21A-7, the authority shall notify the chief judge of superior 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 this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7; and all clerks or other officers or agents remitting or reporting 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 reporting or remittance to the authority under this chapter or rules and regulations promulgated by the authority in accordance with Code Section 15-21A-7. 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. Funds collected that are partial or installment payments of costs, fees, and surcharges that are required by this chapter to be remitted to the authority shall be remitted to the authority by the end of the month following the month in which they were collected; provided, however, that the authority is authorized to provide by rules and regulations for a longer period of time for remitting such funds not to exceed six months. (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.'

SECTION 3. Said title is further amended by striking in its entirety Code Section 15-21 A-6, relating to additional filing fees, application fee for legal assistance, and remittance of funds, and inserting in lieu thereof the following:
'15-21A-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, recorder" s, mayor" s, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, 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)(l) As used in this subsection, the term 'civil action' means: (A) With regard to decedents" estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to

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probate a will in solemn form and for letters of administration with will annexed; and petition for years support; (B) With regard to a minor guardianship matter as set forth in paragraph ( 1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which th\! jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus. (2) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional fee of $15 .00 in each civil action filed in the pro bate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 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 finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (d) 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. (e) 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. (f) 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 fee 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. (g) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision ofindigent defense services in courts other than the superior and juvenile court is deemed to be the entity providing the legal defense services and is entitled to impose and collect the application fee authorized by subsection (f) of this Code section:

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SECTION 4. Said title is further amended by striking subsection (b) of Code Section 15-21A-7, relating to the definition of court and the system for reporting and accounting, and inserting in lieu thereof the following:
'(b) The authority shall promulgate rules and regulations for the administration of this chapter. Such rules and regulations shall include but not be limited to a reporting and accounting system for all court fines and fees and all surcharges on and deductions from any court fines and fees that are authorized to be collected or disbursed in any court. The authority shall develop a system that employs controls necessary to determine the accuracy of the fine 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 of court and, if there is no clerk of court, any court officer, judge, or other agent of the court shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with any court and all agencies and instrumentalities of the state shall provide any information or data requested by the authority in a format prescribed by the authority by rule or regulation. The authority is authorized to make inquiries to clerks of court, court officers, judges, or agents of any court and agencies or instrumentalities of the state as well as any other parties for the purpose of determining the accuracy of any fines and fees collected or disbursed by a court and is authorized where it determines appropriate to conduct audits ofany parties to assist in ensuring the accuracy of the system developed by the authority.'

SECTION 5. Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking subsection (d) of Code Section I 7-12-23, relating to contracts with local governments, and inserting in lieu thereof the following:
'(d) A city or county may contract with the circuit pub lie defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state.'

SECTION 6. Said title is further amended by inserting a new Article 2A of Chapter 12 to read as follows:

'ARTICLE 2A

17-12-50. As used in this article, the term:
(I) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with

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a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case.

17-12-51. (a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses ofthe defense ifthe payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the probation department to the county. (b) When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the probation department to the municipality. (c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon defendant or the defendant's dependent or dependents. The defendant shall make the payment through the probation department to Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (d) In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendant's dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses ofthe defense. Ifrequested by the defendant, the court shall hold a hearing to determine the amount to be paid. (e) This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.

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17-12-52. (a) A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality:
(1) If the person was not eligible to receive such legal assistance; or (2) If the person has been ordered to pay for the legal representation and other expenses of the defense pursuant to Code Section 17-12-51 and has not paid for the legal services. (b) An action shall be brought within four years after the date on which the legal services were received. (c) In determining the amount of the payment imposed under this Code section, the court shall consider the factors set forth in Code Section 17-14-10. The pub lie defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. (d) This Code section shall not apply to proceedings involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.'

SECTION 7. Said title is further amended in Code Section 17-10-1, relating to fixing ofsentence in criminal cases, by adding at its end a new subsection (g) to read as follows:
"(g)(l )(A) In sentencing a defendant convicted of a felony to probated confinement, the sentencing judge may make the defendant's participation in a work release program operated by a county a condition of probation, provided that such program is available and the administrator of such program accepts the inmate. (B) Any defendant accepted into a county work release program shall thereby be transferred into the legal custody of the administrator of said program; likewise, any defendant not accepted shall remain in the legal custody of the Department of Corrections. (2) Work release status granted by the court may be revoked for cause by the sentencing court in its discretion or may be revoked by the state or local authority operating the work release program for any reason for which work release status would otherwise be revoked. (3) The provisions of this subsection shall not limit the authority of the commissioner to authorize work release status pursuant to Code Section 42-5-59 or apply to or affect the authority to authorize work release of county prisoners, which shall be as provided for in Code Sections 42-1-4 and 42-1-9 or as otherwise provided by law. (4) This subsection shall not apply with respect to any violent felony or any offense for which the work release status is specifically prohibited by law, including but not limited to serious violent felonies as specified in Code Section 17-10-6.1:

SECTION 8. This Act shall become effective on July 1, 2006.

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

Approved May 3, 2006.

LOCAL GOVERNMENT; GRANT CERTIFICATION; SUBRECIPIENTS AND UNITS.
No. 740 (Senate Bill No. 202).
AN ACT
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-8.1, relating to grant certification with respect to subrecipients, and inserting in its place a new Code Section 36-81-8.1 to read as follows:
"36-81-8.1. (a) As used in this Code section, the term:
(I) 'Subrecipient' means an entity that receives a grant of state funds from the Governors emergency fund or from a special project appropriation through a local government and shall also mean an entity which in turn receives all or any portion of such grant funds from a subrecipient. (2) 'Unit of local government' means, for purposes of this Code section and notwithstanding paragraph (16) ofCode Section 36-81-2, a:
(A) Municipality, county, consolidated government, county school district, independent school district, other political subdivision of the state, any publie agency or authority of any of the foregoing, or any combination of any of the foregoing; (B) Regional development center; (C) Any public authority created by local Act or local constitutional amendment of the General Assembly; or (D) Any public authority created by general law which applies to an area of less than the entire state and which requires activation by a county or municipal government.

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(b) Each grant of state funds to a recipient unit of local government from the Governor's emergency fund or from a special project appropriation in an amount greater than $5,000.00 shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. The form shall be designed by the state auditor and shall be distributed with each covered grant as required by this Code section. The grant certification form shall require the certification by the recipient unit of local government and by the unit of local government auditor that the grant funds were used solely for the express purpose or purposes for which the grant was made. Such form shall be filed with the state auditor in conjunction with the annual audit required under Code Sections 36-81-7, 50-6-6, or any other applicable Code section for each year in which such grant funds are expended or remain unexpended by the unit of local government. A recipient unit of local government which is not otherwise subject to the annual audit requirements specified in this subsection shall file a grant certification form with the state auditor no later than December 31 of each year in which such grant funds are expended or remain unexpended. For grant funds to subrecipients, the certification by the unit oflocal government auditor required by this subsection may also be made by an in-house or internal auditor of the unit of local government who meets the education requirements contained in subparagraph (a)(3)(A) of Code Section 43-3-6. The cost of performing any audit required by this subsection or paragraph ( 1) of subsection (d) of this Code section shall be an eligible expense of the grant. However, the amount charged shall not exceed 2 percent of the amount of the grant or $250.00 per required audit, whichever is less. The unit of local government to whom the grant is made may deduct the cost of any such audit from the funds disbursed to the sub recipient. (c) Where the grant of state funds is for $5,000.00 or less, the grant shall require submission to the state auditor of a properly completed grant certification form as required by subsection (b) of this Code section except that only the unit of local government need certify that the grant funds were used solely for the express purpose or purposes for which the grant was made. However, where such grant is to a subrecipient, the grant shall require submission to the unit of local government of a notarized affidavit executed by the executive director, president, chairperson, chief executive officer, or other responsible party representing the subrecipient, by whatever name or title, to whom the grant funds are disbursed. The affidavit shall certify under oath that the funds were used solely for the express purpose or purposes for which the grant was made. Such affidavit shall be submitted annually for each year that grant funds are expended or remain unexpended according to a schedule established by the unit of local government and shall be made on a form designed by the state auditor and distributed with each covered grant as required by this Code section.
(d)(l) Notwithstanding subsection (b) or (c) of this Code section, the Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require any recipient unit of local government to obtain or

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perform an audit of any grant of state funds from the Governor's emergency fund or from a special project appropriation, regardless of the amount thereof. (2) Notwithstanding subsection (b) or (c) of this Code section, a recipient unit of local government shall have the right or authority to obtain or perform an audit of any grant of state funds to a subrecipient from the Governor's emergency fund or from a special project appropriation, regardless of the amount thereof. (e) The failure to comply with the requirements of this Code section shall result in a forfeiture of a state grant and the return to the state of any such grant funds which have been received by the unit oflocal government. In the case of a state grant awarded to a subrecipient, the subrecipient shall be responsible for the return to the state of any such grant funds if it is determined that the funds were not used for the express purpose or purposes for which the grant was made. A grant recipient or subrecipient shall be ineligible to receive funds from the Governor's emergency fund or from a special project appropriation until all unallowed expenditures are returned to the state, except that a recipient unit of local government shall not be ineligible for such funds where a subrecipient has not used funds it received for the express purpose or purposes for which the grant was made. (f) No subrecipient shall be considered an agent of the unit of local government or be indemnified or held harmless by the unit of local government for any negligence, misfeasance, or malfeasance of the subrecipient, and a recipient unit of local government shall not be liable for any expenditure of state grant funds by a subrecipient."

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

Approved May 3, 2006.

GENERAL PROVISIONS- COMMERCE- PROPERTY; YEAR OF THE MUSEUM; LOANS TO AND ABANDONED PROPERTY OF MUSEUMS.
No. 741 (Senate Bill No. 195).
AN ACT
To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to recognize the national "Year of the Museum" as 2006; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned

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property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for exemptions; to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to include cross-references; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by inserting a new Code section to the end of such chapter, to read as follows:
'1-4-16. (a) The General Assembly finds that:
(1) Museums nourish minds and spmts by fostering contemplation, exploration, critical thinking, and dialogue to advance knowledge, understanding, and appreciation of history, science, the arts, and the natural world; (2) Museums present exhibitions and programs created through research and scholarship for people to explore new ideas, exchange stories, and discover collections and objects from our cultural and natural heritage; (3) Museums strengthen and enrich the lives of people by inspiring lifelong learning, serving as repositories and stewards for our unique histories, culture, achievements, and values, and contributing to the livability and economic vitality of our towns and cities; (4) Museums forge relationships with community partners such as schools, libraries, public broadcasting, and neighborhood and social service organizations to foster civic participation and cultural understanding; (5) Museums have been serving the American public since 1773, encouraging curiosity and providing a source of enjoyment and education for every generation; and (6) The American Association of Museums has declared 2006 as the 'Year of the Museum' nationwide. (b) In recognition of the findings included in subsection (a) of this Code section and at the invitation of the American Association of Museums, 2006 is hereby recognized as the 'Year of the Museum.' (c) This Code section shall stand repealed on December 31, 2006:

SECTION 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by inserting immediately following Article 17A, relating to consignment of art, a new Article 17B to read as follows:

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"ARTICLE 17B

10-1-529.1. This article shall be known and may be cited as the 'Georgia Museum Property Act.'

10-1-529.2. As used in this article, the term:
(1) 'Archives repository' means a nonprofit organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value and that is open to the public on a regular basis. Archives repository does not include a public library. (2) 'Loan' means the placement of property with a museum or archives repository that is not accompanied by a transfer of title of the property to the museum or archives repository and for which there is some record that the owner intended to retain title to the property. Loan does not include transfers between museums, between archives repositories, or between museums and archives repositories unless the transferring institution specifically provides in writing that the transfer is a loan under this article. (3) 'Museum' means a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving, or exhibiting property of educational, scientific, historic, cultural, or aesthetic interest and that is open to the public on a regular basis. Museum does not include a public library. (4) 'Property' means personal property.

10-1-529.3. (a) Each museum or archives repository shall keep accurate records of all property on loan to the museum or archives repository, including the name and address of the owner, if known, and the beginning and ending date of the loan period. At the time that a person makes a loan to a museum or archives repository, the museum or archives repository shall give the owner of the property a copy of this article. If a museum or archives repository is notified of a change in the ownership of any property loaned to a museum or archives repository, the museum or archives repository shall inform the new owner of the provisions of the loan agreement and shall send the new owner a copy of this article. Not less than 90 days before a museum or archives repository changes its address or dissolves, the museum or archives repository shall notify all owners of that change of address or dissolution. If a museum or archives repository becomes the owner ofproperty under Code Section 10-1-529.4 or 10-1-529.5, the museum or archives repository shall maintain any records that the museum or archives repository has regarding the property for not less than two years after the date on which the museum or archives repository becomes the owner of the property.

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(b) The owner of property loaned to a museum or archives repository shall provide the museum or archives repository with written notice of any change of the owner's address, of the owner's designated agent, of the designated agent's address, and of the name and address of the new owner ifthere is a change in the ownership of the property loaned to the museum or archives repository,

10-1-529.4, (a) Property loaned to a museum or archives repository whose loan has an expiration date is abandoned when there has not been written contact between the owner and the museum or archives repository for at least seven years after that expiration date. If the loan has no expiration date, the property is abandoned when there has not been written contact between the owner and the museum or archives repository or their successors or assigns for at least seven years after the museum or archives repository took possession of the property.
(b)(1) If a museum or archives repository wishes to acquire title to abandoned property, the museum or archives repository shall, not less than 60 days after property is abandoned under subsection (a) of this Code section, send a notice by certified mail or statutory overnight delivery to the owner's last known address. A copy of such notice shall be simultaneously sent to any known lienholder at such lienholder's last known address. The notice shall contain all of the following:
(A) A statement that the loan is terminated and that the property is abandoned; (B) A description of the property; (C) A statement that the museum or archives repository will become the owner of the property if the present owner does not submit a written claim to the property to the museum or archives repository within 60 days after receipt of the notice; and (D) A statement that the museum or archives repository will make arrangements with the owner to return the property to the owner or dispose of the property as the owner requests if the owner submits a written claim to the property to the museum or archives repository within 60 days after receipt of the notice. (2) The notice provided for in subsection (a) of this Code section shall be substantially in the following form:

NOTICE OF ABANDONMENT OF PROPERTY

To: _________ (name of owner) __________ (address of owner) Please be advised that the loan agreement is terminated for the following property (describe the property in sufficient detail to identify the property):

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The above-described property that you loaned to _________ (name and address of museum or archives repository) will be considered abandoned by you and will become the property of ___________ (name of museum or archives repository) if you fail to submit to the museum or archives repository a written claim to the property within 60 days after receipt of this notice. If you do submit a written claim to the property within 60 days after receipt of this notice, ___________ (name of museum or archives repository) will arrange to return the property to you or dispose of the property as you request. The cost of returning the property to you or disposing of the property is your responsibility unless you have made other arrangements with the museum or archives repository. ___________ (name of person to contact at museum or archives repository and address of museum or archives repository). (c) If the notice sent by the museum or archives repository under subsection (b) of this Code section is returned to the museum or archives repository undelivered, the museum or archives repository shall give notice of the abandoned property by publication once a week for two consecutive weeks in the official county organs of the county in which the museum or archives repository is situated and the county of the owner's last known address, and on the organization's website, if applicable, containing the following: (1) The name and last known address of the present owner; (2) A description of the property; (3) A statement that the property is abandoned and that the museum or archives repository will become the owner of the property if no person can prove ownership of the property; (4) A statement that a person claiming ownership of the property shall notify the museum or archives repository in writing of that claim within 60 days after publication of the last legal notice; and (5) The name and mailing address of the person who may be contacted at the museum or archives repository if a person wants to submit a written claim to the property. (d) If the museum or archives repository receives a timely written claim for the property from the owner or the owner's agent in response to the notice provided under subsection (b) or (c) of this Code section the museum or archives repository shall return the property to the owner or dispose of the property as the owner requests. The owner shall advise the museum or archives repository in writing as to how the property shall be disposed of or returned to the owner. Costs of returning the property or disposing of the property shall be the responsibility of the owner unless the owner and the museum or archives repository have made other arrangements. (e) If the museum or archives repository receives a timely written claim for the property from a person other than the person who loaned the property to the museum or archives repository in response to the notice provided under

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subsection (b) or (c) of this Code section, the museum or archives repository shall, within 60 days after receipt of the written claim, determine if the claim is valid. A claimant shall submit proof of ownership with the claim. If more than one person submits a timely written claim, the museum or archives repository may delay its determination of ownership until the competing claims are resolved by agreement or legal action. If the museum or archives repository determines that the claim is valid or if the competing claims are resolved by agreement or judicial action, the museum or archives repository shall return the property to the claimant submitting the valid claim or dispose of the property as the valid claimant requests. Costs of returning the property or disposing of the property shall be the responsibility of the valid claimant. (f) If the museum or archives repository does not receive a timely written claim to the property or if the museum or archives repository determines that no valid timely claim to the property was submitted, the museum or archives repository becomes the owner of the property. The museum or archives repository becomes the owner of the property on the day after the period for submitting a written claim ends or on the day after the museum or archives repository determines that no valid timely written claim was submitted. The museum or archives repository owns the property free from all claims.

10-1-529.5. (a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property ofthe museum or archives repository if no person has claimed the property within seven years after the museum or archives repository or a predecessor or assignor of such museum or archives repository took possession of the property. The museum or archives repository becomes the owner of the property on the day after the seven-year period ends and after following the notification process outlined in subsection (b) of this Code section free from all claims. (b) The museum or archives repository that wishes to acquire title to undocumented property described in subsection (a) of this Code section shall provide public notice in the manner described in Code Section 10-1-529.4. (c) On or after July 1, 2006, property that:
(1) Is found in or on property controlled by the museum; (2) Is from an unknown source; and (3) Might reasonably be assumed to have been intended as a gift to the museum is conclusively presumed to be a gift to the museum if ownership of the property is not claimed by a person within 90 days of its discovery.

10-1-529.6. (a) Unless there is a written loan agreement to the contrary, a museum or archives repository may apply conservation measures to property on loan to the

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museum or archives repository without the lender's permission or formal notice if action is required to protect the property on loan or other property in the custody of the museum or archives repository or the property on loan is a hazard to the health and safety of the public or the museum or archives repository staff, and either:
( 1) The museum or archives repository is unable to reach the lender at the lender's last known address within three days before the time the museum or archives repository determines action is necessary; or (2) The lender does not respond or will not agree to the protective measures the museum or archives repository recommends and does not terminate the loan and retrieve the property within three days. (b) Ifa museum or archives repository applies conservation measures to property under this article, or with the agreement of the lender, unless the agreement provides otherwise, the museum or archives repository acquires a lien on the property in the amount of the costs incurred by the museum or archives repository. (c) The museum or archives repository is not liable for injury to or loss of the property if the museum or archives repository: ( 1) Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or archives repository or that the property on loan was a hazard to the health and safety ofthe public or the museum or archives repository staff; and (2) Exercised reasonable care in the choice and application of conservation measures.

10-1-529.7. This article shall not apply to objects held by museums pursuant to Part 1 of Article 7 of Chapter 12 of Title 44, relating to American Indian human remains and burial objects held by museums."

SECTION 3. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, is amended by striking Code Section 44-12-193, relating to when property is held, issued, or is owing in the ordinary course of business ofholder s business presumed abandoned, and inserting in lieu thereof the following:
'44-12-193. Except as provided in Article 17B of Title 10, all tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than five years after it became payable or distributable is presumed abandoned, except as otherwise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment."

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SECTION 4. Said article is further amended by striking subsection (a) of Code Section 44-12-214, relating to report and remittance ofpersons holding property presumed abandoned under that article, and inserting in lieu thereof the following:
'(a) Except as provided in Article 17B of Title 10, every person holding funds or other property, tangible or intangible, presumed abandoned under this article shall report and remit to the commissioner with respect to the property as provided in this Code section.n

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

Approved May 3, 2006.

PENAL INSTITUTIONS; PRIVATE PROBATION DETENTION AND DIVERSION CENTERS; LOCAL GOVERNMENT OR PRIVATE PROBATION SERVICES; CRIMINAL RECORD CHECKS BY PROBATION OFFICERS; CONFIDENTIALITY; LIABILITY INSURANCE.
No. 743 (Senate Bill No. 44).
AN ACT
To amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services for persons convicted of misdemeanors provided by local governments or private corporations, enterprises, and entities; to provide standards for agreements regarding probation services provided by counties, municipalities, or consolidated governments; to provide standards for probation officers employed by counties, municipalities, or consolidated governments; to provide for definitions; to provide for rules and regulations; to change provisions relating to criminal record checks of probation officers; to provide for exceptions; to provide for reports; to prohibit certain activities by probation officers, probation employees, and other employees of counties, municipalities, and consolidated governments; to provide for confidentiality of certain records; to provide for registration; to remove a requirement for general liability insurance for private corporations, enterprises, and

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entities providing probation services; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-2-11 of the Official Code ofGeorgia Annotated, relating to powers and duties of the Board of Corrections, is amended by adding a new subsection (i) to read as follows:
"(i) The board shall have the authority to request bids and proposals and to enter into contracts for the operation of probation detention centers by private companies and entities for the confinement of probationers under Code Section 42-8-35.4 and probation diversion centers for the confinement of probationers under Code Section 42-8-35.5. The board shall have the authority to adopt, establish, and promulgate rules and regulations for the operation of probation detention and probation diversion centers by private companies and entities."

SECTION 2. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Article 6, relating to agreements for probation services, and inserting in lieu thereof the following:

"ARTICLE 6

42-8-100. (a) As used in this article, the term:
(I) 'Council' means the County and Municipal Probation Advisory Council created under Code Section 42-8-10 I. (2) 'Private probation officer' means a probation officer employed by a private corporation, private enterprise, private agency, or other private entity that provides probation services. (3) 'Probation officer' means a person employed to supervise defendants placed on probation by a county or municipal court for committing an ordinance violation or misdemeanor. (b) Any county or municipal court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or any plea may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (c) If it appears to the court upon a hearing ofthe matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends ofjustice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation officer for the duration of such probation, subject to the provisions

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of this Code section. The period ofprobation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (d) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (e) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any or all ofthe probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (f) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which he or she resides for committing any ordinance violation or misdemeanor, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
(g)(l) The chiefjudge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms ofthe sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July I, 200 I, shall be initiated by the chiefjudge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and

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other probation services for persons convicted in that court and placed on probation in the county. (h)(1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.

42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or

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employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for the provision of probation services and the conduct of business by private entities providing probation services and county, municipal, or consolidated governments establishing probation systems as authorized by this article. (b) The business of the council shall be conducted in the following manner:
( 1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only in accordance with Code Section 50-4-3. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Administrative Office of the Courts or otherwise available to the council. The council is authorized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties: (1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly;

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(3) To promulgate rules and regulations t{) implement those uniform professional standards for probation officers employed by a governing authority of a county, municipality, or consolidated government that has established probation services and uniform agreement standards for the establishment ofprobation services by a county, municipality, or consolidated government established in Code Section 42-8-102; (4) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum ofcontinuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July I, 1996; (5) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers employed by a county, municipality, or consolidated government that has established probation services and for 20 hours per annum ofcontinuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March I, 2006; (6) To promulgate rules and regulations relative to compliance with the provisions of this article, and enforcement mechanisms that may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts or agreements; (7) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of Code Section 42-8-1 07; (8) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts; and (9) To promulgate rules and regulations requiring criminal record checks of private probation officers registered under this Code section and establishing procedures for such criminal record checks. The Administrative Office of the Courts on behalf of the council shall conduct a criminal records check for probation officers as provided in Code Section 35-3-34. No applicant shall be registered who has previously been convicted of a felony. The council shall promulgate rules and regulations regarding registration requirements, including restrictions regarding misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history background check of a person employed as a probation officer or an applicant for a probation officer position. The criminal history check may be conducted in accordance with

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Code Section 35-3-34 and may be based upon the submission of fingerprints of the person whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency.

42-8-102. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and must have completed a standard two-year college course or have four years oflaw enforcement experience; provided, however, that any person employed as a private probation officer as of July 1, 1996, and who had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a probation officer or utilize the title of probation officer. (b) The uniform contract standards contained in this subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
( 1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section; (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the council; (4) Policies and procedures for the training of staff that comply with rules and regulations promulgated by the council; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitution;

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(8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recommended; (1 0) Reporting and record-keeping requirements; and (11) Default and contract termination procedures, (c) The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements with a judge to provide probation services under the authority of Code Section 42-8-100, The terms of any such agreement shall state at a minimum: ( 1) The extent of the services to be rendered by the local governing authority providing probation services; (2) Any requirements for staff qualifications, to include those contained in this Code section; (3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the council; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council; (5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (6) Procedures for handling the collection of all court ordered fines, fees, and restitution; (7) Circumstances under which revocation of an offender's probation may be recommended; (8) Reporting and record-keeping requirements; and (9) Default and agreement termination procedures. (d) The council shall review the uniform professional standards and uniform contract and agreement standards contained in subsections (a), (b), and (c) ofthis Code section and shall submit a report on its findings to the General Assembly, The council shall submit its initial report on or before January 1, 2007, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law, This report shall provide information which will allow the General Assembly to review the effectiveness ofthe minimum professional standards and, ifnecessary, to revise these standards, This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report.

42-8-103. (a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality or consolidated government entering into an agreement under the provisions of this article shall provide to the judge with whom the contract or agreement was made and the council a quarterly report summarizing the number of offenders under

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supervision; the amount of fines, statutory surcharges, and restitution collected; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as the council may require. (b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, or the council or its designee.

42-8-104. (a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.
(c)(I) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article 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 Pro gram certified by the Department of Driver Services. (2) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.

42-8-105. (a) No county, municipality, or consolidated government probation officer or other probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the officer's or employee's duties and responsibilities under agreements authorized in this article. (b) No county, municipality, or consolidated government probation officer or other probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office.

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(c)(1) No county, municipality, or consolidated government probation officer or other probation office employee 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. (2) No county, municipality, or consolidated government that provides probation services through agreement under the provisions of this article nor any employees of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.

42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision ofprobationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or by a county, municipality, or consolidated government providing probation services under this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, or the council or its designee. (b) In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or county, municipality, or consolidated government providing probation services under this article to the Department of Corrections, the Department of Corrections shall have access to any relevant reports, files, records, and papers of the transferring entity. All reports, files, records, and papers of whatever kind relative to the supervision of probationers by private corporations, private enterprises, or private agencies under contracts authorized by this article or by a county, municipality, or consolidated government providing probation services under this article shall not be subject to process of subpoena.

42-8-107. (a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with the council before entering into any contract to provide services. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as the council may require. (2) Any private corporation, private enterprise, or private agency required to register under the provisions of paragraph ( 1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the council.

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(b)(1) All counties, municipalities, and conso !idated governments agreeing or offering to agree to estab !ish a probation system shall register with the council before entering into an agreement with the court to provide services. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with the council, and other information in such detail as the council may require. (2) Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the council.

42-8-108. (a) The probation providers standards contained in this Code section shall be met by private corporations, private enterprises, or private agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after July 1, 2006. Any private corporation, private enterprise, or private agency which fails to meet the standards established in this subsection on or after July 1, 2006, shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after July 1, 2006, shall:
(1) Meet all requirements as outlined in subsection (b) of Code Section 42-8-102, relating to uniform contract standards; (2) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment ofprobation fees or fines; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the corporation, enterprise, or agency and who shall have at least five years experience in corrections, parole, or probation services. (b) The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section 42-8-100 on or after July 1, 2006. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection on or after July 1, 2006, shall not be eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section 42-8-100 on or after July 1, 2006, shall: (1) Register with the council; (2) Meet the requirements of subsection (c) of Code Section 42-8-102; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the governing authority who shall have at least five years' experience in corrections, parole, or probation services;

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provided, however, that the five-year experience requirement shall not apply to any such supervisor employed by a county, municipality, or consolidated government which was engaged in the provision ofprobation services on April 15,2006."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations; for all other purposes, this Act shall become effective July I, 2006.

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

Approved May 3, 2006.

PROPERTY- MECHANICS AND MATERIALMEN LIENS.
No. 744 (Senate Bill No. 530).
AN ACT
To amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; 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. Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment ofliens in favor ofmechanics and materialmen, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner for which the labor, services, or materials are furnished if they are furnished at the instance of the owner, contractor, or some other person acting for the owner contractor and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner's contract for improvements to said real estate."

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

Approved May 3, 2006.

REVENUE- TAX EXECUTIONS; REVISE PROCEDURES.
No. 745 (Senate Bill No. 525).
AN ACT
To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-3, relating to executions by tax collectors and tax commissioners, and inserting in its place a new Code Section 48-3-3 to read as follows:
'48-3-3. (a) As used in this section, the term:
(1) 'New owner' means the most recent subsequent owner who has purchased such property during the year after January 1, but on or after the due date of that tax bill year and whose deed has been duly recorded in the records of the clerk of the superior court for that county. (2) 'Owner of record' means the owner whose name appears in the deed record as the owner as of January 1 of that tax bill year. (b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection(c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state. (c) As soon as the last day for the payment oftaxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued; provided, however, that notice shall not be required for taxes due on personal property and executions may be issued on the day next following the day when taxes are due.

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(d) 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, within 90 days from the due date, 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 new record owner of the property on the date that taxes became delinquent only after such new owner has been sent a notice of the delinquent tax bill and that the tax collector or tax commissioner intends to issue a tax execution in the new owner's name against such delinquent property if the bill and all applicable interest and other charges are not paid within 30 days of the date of the notice. Such notice shall be mailed first class to the address of record as shown on the real estate transfer tax declaration form in the records of the clerk of the superior court and to the address shown on the closing documents if presented or to the property location if the address differs from that shown on the real estate transfer tax declaration form. If an execution has already been issued against the owner of record, 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. (e) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of assessors. The bills or notices shall be mailed to the address of record as found in the county board of assessors' records. (f) The real estate transfer tax declaration form shall provide for and indicate the correct tax map parcel identification number before being accepted by the clerk of the superior court for recordation."

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, 2006.

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MOTOR VEHICLES - SPECIAL LICENSE PLATE; GOLD STAR FAMILY.

No. 746 (Senate Bill No. 523).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; 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 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
"40-2-86.18. (a) There shall be issued beginning July 1, 2007, special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plate shall be officially designated as the Gold Star license plate. (b) The commissioner, in cooperation with supporters ofthis license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words 'Gold Star Family' shall be displayed. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, this Code section shall not be implemented until such time as the State ofGeorgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for

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its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter oflaw, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after July I, 2007, any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after payment of all ad valorem taxes and other fees due at registration of a motor vehicle. In order to qualify as a family member, the person must be directly related to the fallen service member as a spouse or legal mother or father. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate. (e) Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense. (f) The Gold Star license plate shall be issued only to family members of service members who resided in Georgia at the time of the death of the service member. (g) Renewal decals shall be issued at no cost to the eligible family member upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member. If the eligible family member fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle. (h) An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached. (i) License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member. U) Gold Star license plates shall be issued within 30 days of application. (k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes ofthis Code section.'

SECTION 2. This Act shall become effective on January 1, 2007.

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

Approved May 3, 2006.

EDUCATION- REMEDIAL EDUCATION PROGRAM; DETERMINATION OF ENROLLMENT AND FUNDS; EQUALIZATION GRANTS.
No. 747 (Senate Bill No. 515).
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to change certain provisions relating to the remedial education program; to change certain provisions relating to determination of enrollment by institutional program and determination of funds to be appropriated; to change certain provisions relating to equalization grants; to revise definitions relating to capital outlay funds generally for purposes of conformity; 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. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by striking subsection (a) ofCode Section 20-2-154, relating to the remedial education program, and inserting in lieu thereof the following:
'(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies. The following students shall be eligible for remedial education services:
( 1) Students in grades six through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education; (B) The student has been retained in the grade;

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(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994 (Public Law 103-382); (D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system; (ii) Low performance in the mathematics series; or (iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or (E) Current test information in the student file indicates the student has a score at or below the twenty-fifth percentile; and (2) Students in grades six through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that they meet the eligibility requirements specified in paragraph ( 1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies. No more than 25 percent of the full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent."

SECTION 2. Said article is further amended by striking Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated, and inserting in lieu thereof the following:
8 20-2-160. (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 reported to the Department of Education. The initial enrollment count shall be made after October I but prior to November 17 and the final enrollment count after March 1 but prior to May I. 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

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writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; 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. (b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(I) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and (2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the second full-time equivalent program count shall be calculated as follows: (1) Divide the first total full-time equivalent count for the current fiscal year by the first total full-time equivalent count for the immediately preceding fiscal year; (2) Multiply the quotient obtained in paragraph (1) of this subsection by the second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected second total full-time equivalent count for the current fiscal year;

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(3) Divide the average of the local school system's two most recent full-time equivalent program counts by the average of the two most recent total full-time equivalent counts; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected second full-time equivalent program count for the current fiscal year. (d) The average of the first full-time equivalent program count, weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year. (e) For purposes of calculating allotments for a new or revised instructional program for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist. (f) The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1."

SECTION 3. Said article is further amended by striking Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following:
'20-2-165. (a) As used in this Code section, the term:
(I) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by I ,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school system's annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school system's equalization grant in a subsequent fiscal year. (4) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except pro grams for persons with

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disabilities shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (5) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (6) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent count, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count. For the purpose of determining the assessed valuation per weighted full-time equivalent count of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (7) 'Local tax revenues' is defined as the sum oftax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (8) 'Most recent weighted full-time equivalent count' is defined as the weighted full-time equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next ensuing fiscal year. (9) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164. (1 0) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. ( 11) 'Weighted full-time equivalent count for the year of the digest' is defined as the weighted full-time equivalent count derived from full-time equivalent

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program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the current fiscal year. (b) The State Board ofEducation shall annually calculate the equalization grant for each qualified local school system in the following manner: (I) Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the assessed valuation per weighted full-time equivalent count for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; and (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent weighted full-time equivalent count for the local school system. The resulting amount shall be the equalization grant for the ensuing fiscal year; provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be calculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion oflocal five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.

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(d)( 1) A midterm adjustment in a local school system's equalization grant shall be made if:
(A) The school system ranks at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent count, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count; and (B) The school system increases the actual millage levied against its digest for maintenance and operation. (2) If made, the midterm adjustment to the equalization grant shall be calculated as follows: (A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; provided, however, that for local school systems that impose local option sales taxes for school maintenance and operation, as authorized by law, the Department of Education shall be authorized to adjust this calculation by adding the equivalent property tax millage that would be needed to produce the revenue raised by the local option sales tax to the actual millage rate and calculating a revised percentage change; (B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (c) of this Code section; (C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and (D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph. The resulting amount shall be the midterm adjustment to the equalization grant. (e) If the result from subparagraph (A) ofparagraph (2) of subsection (d) of this Code section is a positive number, the local school system's number of effective mills used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted by multiplying the number of effective mills calculated pursuant to paragraph (3) of subsection (b) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of subsection (d) of this Code section. The resulting amount shall be the adjusted number of effective mills used in the calculation of the equalization grant pursuant to paragraph (3) of subsection (b) of this Code section; provided, however, that in no event shall the adjusted number of effective mills to be equalized exceed 15 effective mills. For Fiscal Year 200 6 only, adjustments to equalization grants as provided in this subsection shall be allocated to local school systems following the adoption of the amended Appropriations Act for Fiscal Year 2006.'

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SECTION 4. Said article is further amended by in Code Section 20-2-260, relating to capital outlay funds generally, by striking paragraphs (8) and (17) of subsection (b) and inserting in their respective places the following:
(8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to subsection (d) of Code Section 20-2-160 for a school year: (17) 'Weighted full-time equivalent student count' is defined as the most recent weighted full-time equivalent count as defined in paragraph (8) of subsection (a) of Code Section 20-2-165:

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

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

Approved May 3, 2006.

BANKS- INDEPENDENT CONTRACTORS; MORTGAGE LICENSE EXEMPTION.
No. 748 (Senate Bill No. 505).
AN ACT
To amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive independent contractors of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, is amended by striking the word "or" at the end of paragraph (12); by striking the symbol "." and inserting in lieu thereof the symbol and word ";or" at the end of paragraph (13); and by adding a new paragraph (14) to read as follows:

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"(14)(A) A natural person otherwise required to be licensed, who is under an exclusive written independent contractor agreement with any person that is a wholly owned subsidiary of a financial holding company or bank holding company, savings bank hoIding company, or thrift holding company, which subsidiary also meets the following requirements, subject to the review and approval of the department:
(i) The subsidiary has provided an undertaking of accountability supported by a surety bond equal to the lesser of$1 million or $50,000.00 per exempt person, to cover all of its persons exempted by this paragraph, that includes full and direct financial responsibility for the mortgage broker activities of each such exempted person, and also provides for the education of the exempt persons, the handling of consumer complaints related to the exempt persons, and the supervision ofthe mortgage broker activities of the exempt persons; (ii) The subsidiary has applied for and been granted a mortgage broker or mortgage lender license, consistent with the provisions of this article and renewable annually; and (iii) The subsidiary has paid applicable fees for this license, which license fees shall be the lesser of one-half of the sum of the cost of the individual licenses or $100,000.00. (B) To maintain the exemption, a natural person must: (i) Solicit, process, place, or negotiate a mortgage loan to be made only by the licensed subsidiary or its affiliate; and (ii) Be at all times in compliance with the provisions and prohibitions of Code Section 7-1-1013 and the provisions and prohibitions applicable to employees under Code Section 7-1-1004. (C) For purposes of this paragraph, 'financial holding company' shall mean a financial holding company as defined in the Bank Holding Company Act of 1956, as amended. (D) The commissioner shall provide by rule or regulation for the implementation of this paragraph."

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved May 3, 2006.

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COURTS- CRIMINAL PROCEDURE- INDIGENT DEFENSE SERVICES; REVISE.

No. 749 (Senate Bill No. 503).

AN ACT

To amend Chapter 21A of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating respectively to judicial accounting and criminal procedure, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to provide for certain continuances; to provide that such fee may be paid as a condition of probation; to define an indigent person with respect to the federal poverty level; to provide for staggered terms for the councilmembers ofthe Georgia Public Defender Standards Council; to change certain provisions relating to the standards created by the Georgia Public Defender Standards Council; to change certain provisions relating to guidelines for determining indigency; to change certain provisions relating to the budget of the council; to provide that public defenders shall not be authorized to utilize a badge, shield, or similar item; to change certain provisions relating to public defenders; to change certain provisions relating to contracting with the Department of Administrative Services for personnel paid by local governments; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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 21 A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by striking subsections (b) and (e) of Code Section 15-21A-6, relating to additional filing fees and application fee for free legal services, and inserting in lieu thereof the following:
'(b) Any person who applies for or receives legal defense services under Chapter 12 of Title 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 finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation.' "(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 fee unless waived by the court for

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inability to pay or hardship. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation. 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."

SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Chapter 10, relating to sentence and punishment, by adding a new Code section to read as follows:
"17-10-8.1. In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation."

SECTION 3. Said title is further amended by designating the existing portion of Code Section 17-8-26, relating to grounds for granting continuances when a party or a party's attorney is in attendance at the General Assembly, as subsection (a) and by inserting a new subsection (b) at the end of such Code section to read as follows:
"(b) A continuance and stay shall also be granted for such other times as the member of the General Assembly or staff member certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly.'

SECTION 4. Said title is further amended by striking Code Section 17-12-2, relating to definitions, and inserting in lieu thereof the following:
"17-12-2. As used in this chapter, the term:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Indigent person' or 'indigent defendant' means:
(A) A person charged with a misdemeanor, violation of probation, or a municipal, county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 percent of the federal poverty guidelines unless there is evidence that the person has

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other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (6) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter:

SECTION 5. Said title is further amended by striking Code Section 17-12-3, relating to the Georgia Public Defender Standards Council's creation and membership, and inserting in lieu thereof the following:
'17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) Ten members of the council shall be appointed as follows:
(1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker ofthe House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The members shall serve terms of four years; provided, however, that the members appointed from the even-numbered judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judie ial administration districts in the state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows:
(A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4;

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

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(ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in- judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30,2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent;

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(5) Any vacancy for a member appointed pursuant to paragraphs (1) and (2) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-20. (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 ofCriminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys' Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. 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. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council."

SECTION 6. Said title is further amended by striking paragraph (8) of subsection (b) of Code Section 17-12-8, relating to approval by the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, and inserting in lieu thereof the following:
"(8) Standards for collecting the costs of legal representation and related services;"

SECTION 7. Said title is further amended by striking subsection (a) of Code Section 17-12-24, relating to guidelines for determining indigency, and inserting in lieu thereof the following:
"(a) The circuit public defender and any other person or entity providing indigent defense services shall determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an indigent person set forth in Code Section 17-12-2 that would entitle him or her to representation under this chapter."

SECTION 8. Said title is further amended by striking subsection (b) of Code Section 17-12-26, relating to the budget of the council, and inserting in lieu thereof the following:
"(b) The budget of the council shall include the budget of all circuit pub lie defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority

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ofthis article and the Office ofthe Georgia Capital Defender and the office ofthe mental health advocate:

SECTION 9. Said title is further amended by striking subsection (g) of Code Section 17-12-27, relating to the appointment of assistant public defenders, salary, and promotions, and inserting a new subsection (g) to read as follows:
"(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. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, no employer ofany such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officer's badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official."

SECTION 10. Said title is further amended by striking Code Section 17-12-3 2, relating to contracting with the Department of Administrative Services for personnel paid by local governments, and inserting in lieu thereof the following:
"17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit pub lie defender may contract with the council to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.'

SECTION 11. Said title is further amended by striking Code Section 17-12-124, relating to the budget for the Office of the Georgia Capital Defender, and inserting in lieu thereof the following:
"17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought.'

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SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2006.

MOTOR VEHICLES- MILITARY PERSONNEL; LIABILITY INSURANCE.
No. 752 (Senate Bill No. 481).
AN ACT
To amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement ofthe chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in Georgia and have Georgia license plates who are stationed in other states as part oftheir military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of certain insurance in such other states; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, is amended by inserting a new subsection (h) in Code Section 40-2-137, relating to notification of coverage termination, to read as follows:
'(h) Notwithstanding any provision of law to the contrary, a person on active military duty in the armed forces of the United States whose motor vehicle is registered in this state and has license plates from this state and who, as a result of his or her military duties or assignment, is required to reside in another state may meet the requirements for minimum motor vehicle liability coverage by purchasing such coverage in amounts equal to or greater than the minimum coverages required by Georgia law and providing proof of such coverage to the department. In such cases, the motor vehicle shall continue to be registered and licensed in this state as long as it otherwise meets the requirements of law."

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

Approved May 3, 2006.

PUBLIC OFFICERS- MERITORIOUS AWARD PROGRAM.
No. 753 (Senate Bill No. 472).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Chapter 21, relating to the employees' suggestion and a ward pro gram, and inserting in its place a new Chapter 21 to read as follows:
'CHAPTER 21
45-21-1. As used in this chapter, the term:
(1) 'Agency' means any agency as defined in Code Section 45-20-2, any authority, or any public corporation, but shall not include the board of regents and units of the University System of Georgia. (2) 'Appointing authority' means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government. (3) 'Board' means the State Personnel Board. (4) 'Commissioner' means the commissioner ofpersonnel administration or his or her designee.

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(5) 'Goal based plan' means a plan developed by the board or other appointing authority under subsection (d) of Code Section 45-21-2 designed to measure performance against business objectives or performance targets. (6) 'Incentive compensation plan' means a plan developed by the board under Chapter 20 of this title and subsection (c) of Code Section 45-21-2 or other appointing authority under subsection (c) of Code Section 45-21-2. (7) 'Incentive payment' means a one-time lump sum payment or a predetermined quarterly payment that does not become a part of base salary. (8) 'Meritorious award program' means a program developed by the board or other appointing authority under subsection (b) of Code Section 45-21-2.

45-21-2. (a) The board may formulate, establish, and maintain employees' meritorious award programs, incentive compensation plans, and goal based plans to encourage state employees to improve the operation and perception of state government and its instrumentalities. (b) The board may establish meritorious award programs for agencies for:
( 1) Employees who perform a special, extraordinary service, act, or achievement in the public interest, beyond the ordinary demands of duty, and in connection with or related to state government or its instrumentalities. Without limitation but as illustrations, when these criteria are satisfied such awards may be made for:
(A) Heroism; (B) Response to an unanticipated problem or opportunity for the state employer; (C) Service or an act or achievement which particularly enhances public perception of state government; or (D) Innovative or unique success where other efforts have failed or where experts said a job could not be done; and (2) Employees whose suggestions or ideas are implemented by a state department or instrumentality. Appointing authorities of the legislative and judicial branches may also establish such meritorious award programs. (c)(I) In providing for compensation, pay for performance, and performance management under Chapter 20 of this title, the board may provide for incentive compensation plans which authorize or direct incentive pay as follows: (A) A one-time payment to induce the employment of a prospective employee with particularly desirable skills or attributes; (B) A one-time payment for learning new, critically needed employment skills; and (C) A lump sum payment for employees who surpass performance expectations. (2) The board may impose requirements for periods of continued employment for incentive compensation plans. To receive consideration for incentive compensation for surpassing expectations under subparagraph (C) of

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paragraph (1) of this subsection, an employee must be in continued employment with the appointing authority or an appointing authority in the legislative, executive, or judicial branch at the time the compensation is paid. (3) Appointing authorities for which the board does not provide for compensation, pay for performance, and performance management under Chapter 20 of this title may also establish such incentive compensation plans. This authorization shall extend without limitation to the appointing authorities of the legislative and judicial branches, state authorities, and any executive branch agency which employed no classified employees as of July I, 1996. (d)( 1) The board or other appointing authorities shall provide for goal based plans, based on predetermined and objectively measurable criteria, that enhance the effective operation of state agencies. (2) In providing for incentive pay for goal based plans, the board may provide for goal based plans which authorize or direct incentive pay for:
(A) Meeting or exceeding predetermined productivity standards; (B) Meeting or exceeding predetermined sales targets; and (C) Generating income or revenue for the state beyond established goals. (3) Appointing authorities for which the board does not provide for compensation may also establish such goal based plans. This authorization shall extend without limitation to the appointing authorities of the legislative and judicial branches, state authorities, and any executive branch agency which employed no classified employees as of July 1, 1996.

45-21-3. (a) With the approval of the board, the commiSSioner shall prepare rules necessary and appropriate for the proper administration of meritorious award programs, incentive compensation plans, and goal based compensation plans including rules governing the:
(1) Operation of the meritorious awards programs, incentive compensation plans and goal based compensation plans; (2) Eligibility of employees to participate in the programs and plans; (3) Documentation of goal based plan criteria and evaluation metrics; (4) Method and schedule of incentive payment; (5) Type of suggestions or extraordinary service; (6) Method of submission of nominations or applications; (7) Procedure for review and approval; (8) Procedure for verifying qualification; and (9) Procedure for determining awards amounts. (b) The rules for meritorious awards for extraordinary service under paragraph (1) of subsection (b) of Code Section 45-21-2 shall provide for evaluation and award by the appointing authority. The rules for meritorious awards for suggestions and ideas shall comply with Code Sections 45-21-4 through 45-21-8. (c) The commissioner shall submit the rules or any amendments thereto to the Governor. Such rules or amendments shall become effective when approved by

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the Governor or 15 days after they are submitted, if the Governor has not rejected them prior to that time. (d) For appointing authorities of agencies subject to the rules of the board, meritorious awards programs, incentive compensation plans, and goal based plans shall become effective upon certification of an agency's program or plan by the commissioner and upon certification by the director of the Office of Planning and Budget that funding is available.

45-21-4. Subject to Article 1 of Chapter 20 of this title, the commissioner shall employ the necessary staff required to carry out this chapter.

45-21-5. Under meritorious award programs for suggestions and ideas, each agency head shall appoint a committee to be composed of not more than three members selected from the officers and employees of the agency to review suggestions submitted which pertain to the operations of that agency. The agency committee shall, within 45 days of receipt, report to the commissioner on all suggestions submitted to it pursuant to this chapter. Such report shall contain an estimate of the value of projected annual savings to be generated by a suggestion and a statement concerning the appointing authority's plan with reference to adopting them.

45-21-6. The commissioner shall make any further investigation deemed appropriate with respect to any suggestion or idea whether or not reported by the appointing authorities and shall report his or her findings and recommendations to the board. Subject to any rules adopted under this chapter, the board shall make the final determination as to what action will be taken on awards for employee suggestions or ideas including what, if anything, shall be awarded to an employee.

45-21-7. (a)(l) Cash awards for suggestions or ideas submitted by an employee, implemented by an agency, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to up to 10 percent of the first year's estimated net material and labor savings. The award shall be paid by the agency or agencies adopting the suggestion and shall be made within the fiscal year the suggestion or idea is authorized for payment. Cash awards shall be for not less than $10.00 and for not more than $5,000.00 regardless ofthe number of agencies adopting the suggestion. (2) Suggestions involving improvements in working conditions; changes in procedures; revision of forms; improvement in employee morale, health, or safety; or related improvements for which the monetary value cannot be

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determined shall be eligible for award certificates or cash awards based on intangible savings. (3) The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings shall not exceed $100.00. (b) In recognition of achievements under meritorious award programs, incentive compensation plans, goal based plans, or other employee achievement, the board and other appointing authorities may award: (1) Certificates of merit; (2) Certificates acknowledging period of service; or (3) Pins, buttons, or other emblems.

45-21-8. The board shall bear the costs of administration and of the certificates and emblems which it awards and appointing authorities shall bear the costs of administration and of the certificates, emblems, and meritorious awards and payments which they award.

45-21-9. (a) The following incentive payments shall not be included in earnable compensation in determining retirement benefits under Chapters 2 and 3 of Title47:
( 1) Payments under a meritorious award program; (2) Recruitment payments under an incentive compensation plan; (3) Payments for learning new, critically needed employment skills; or (4) Payments made under a goal based plan. However, these incentive payments shall be included as salary in the pay period granted and shall be subject to employee withholding taxes in that pay period. If state or federal law otherwise requires an incentive payment to be included in salary for computing a benefit, the incentive shall be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months. (b) Incentive payments consisting of lump sum payments for surpassing performance expectations under subparagraph (c)(1 )(C) ofCo deS ection 45-21-2 under employee incentive compensation plans will be included in calculating earnable compensation in determining retirement benefits under Chapters 2 and 3 of Title 47. When an incentive payment will be included in salary for computing retirement benefits, the incentive shall be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months. These incentive payments shall be included as salary in the pay period granted and shall be subject to employee withholding taxes in that pay period. If state or federal law otherwise requires an incentive payment to be included in salary for computing a benefit, the incentive shall be deemed to have been paid, for such purpose only, annualized in equal installments prospectively over the following 12 months.

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(c) Incentive payments made under a goal based plan are not prohibited by Code Sections 47-2-32 and 47-3-27."

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, 2006.

CRIMINAL PROCEDURE; PLEA OF INSANITY OR MENTAL INCOMPETENCY; COURT INSTRUCTIONS; EVALUATIONS.
No. 754 (Senate Bill No. 398).
AN ACT
To amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the court's instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a time frame for forwarding the examination report to the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, is amended by striking subsections (b), (g), and (i) and inserting in lieu thereof the following:
'(b)(1) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall fmd whether the defendant is:
(A) Guilty; (B) Not guilty; (C) Not guilty by reason of insanity at the time of the crime; (D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases; or (E) Guilty but mentally retarded, but the finding of mental retardation shall be made only in felony cases.

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(2) A plea of guilty but mentally ill at the time of the crime or a plea of guilty but mentally retarded shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or mentally retarded to which the plea is entered. (2.1) A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court without a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of the defendant's mental condition, and the court is satisfied that the defendant was insane at the time of the crime according to the criteria of Code Section 16-3-2 or 16-3-3. (3) In all cases in which the defense of insanity is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:
(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he or she should be released pursuant to law. (B) I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be placed in the custody of the Department of Corrections which will have responsibility for the evaluation and treatment of the mental health needs of the defendant, which may include, at the discretion of the Department of Corrections, referral for temporary hospitalization at a facility operated by the Department ofHuman Resources. (C) I charge you that should you find the defendant guilty but mentally retarded, the defendant will be placed in the custody of the Department of Corrections, which will have responsibility for the evaluation and treatment of the mental health needs of the defendant, which may include, at the discretion of the Department of Corrections, referral for temporary hospitalization at a facility operated by the Department of Human Resources.' '(g)( I) Whenever a defendant is found guilty but mentally ill at the time of a felony or guilty but mentally retarded, or enters a plea to that effect that is accepted by the court, the court shall sentence him or her in the same manner as a defendant found guilty of the offense, except as otherwise provided in subsection (j) of this Code section. A defendant who is found guilty but mentally ill at the time of the felony or guilty but mentally retarded shall be committed to an appropriate penal facility and shall be evaluated then treated, if indicated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his or her mental illness or mental retardation.

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(2) If at any time following the defendant's conviction as a guilty but mentally ill or guilty but mentally retarded offender it is determined that a temporary transfer to the Department of Human Resources is clinically indicated for his or her mental illness or mental retardation, then the defendant shall be transferred to the Department of Human Resources pursuant to procedures set forth in regulations of the Department of Corrections and the Department of Human Resources. In all such cases, the legal custody of the defendant shall be retained by the Department of Corrections. Upon notification from the Department of Human Resources to the Department of Corrections that hospitalization at a Department of Human Resources facility is no longer clinically indicated for his or her mental illness or mental retardation, the Department of Corrections shall transfer the defendant back to its physical custody and shall place such individual in an appropriate penal institution." '(i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill at the time of the felony or a plea of guilty but mentally retarded is made and an examination is made of the defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon the defendant's being found guilty or guilty but mentally ill at the time of the crime or guilty but mentally retarded, a copy of any such examination report shall be forwarded to the Department of Corrections with the official sentencing document. The Department ofHuman Resources shall forward, in addition to its examination report, any records maintained by such department that it deems appropriate pursuant to an agreement with the Department of Corrections, within ten business days of receipt by the Department of Human Resources of the official sentencing document from the Department of Corrections."

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

Approved May 3, 2006.

INSURANCE- INVESTMENT IN OBLIGATIONS OF CANADIAN CITIES.
No. 756 (Senate Bill No. 385).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for legislative intent; to provide a definition; to provide for related

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-11-13, relating to authorized investments of insurers generally, and inserting in lieu thereof a new Code Section 33-11-13 to read as follows:
'33-11-13. An insurer may invest in the obligations of any county, any incorporated city, town, or village, any school district, water district, sewer district, road district, or any special district, or any other political subdivision or public authority of any state, territory, or insular possession of the United States, or of the District of Columbia, or of the Canadian cities that have a population of over 25,000 according to the most recent official Census of Canada, which has not defaulted for a period of 120 days in the payment of interest upon, or for a period of more than one year in the payment of principal of, any of its bonds, notes, warrants, certificates of indebtedness, securities, or any other interest-bearing obligation during the five years immediately preceding the acquisition of the investment.'

SECTION 2. Said title is further amended by inserting a new Code Section 33-24-16.1 to read as follows:
'33-24-16.1. (a) The term 'actual charge' or 'actual fee,' when used in an individual or group specified disease insurance policy, shall mean the amount actually paid by or on behalf of an insured person and accepted as full payment by a health care provider or other designated person for the goods or services provided. (b) The General Assembly finds and declares that the provisions of subsection (a) of this Code section are intended to clarify the current correct interpretation of the defined terms for instances in which the particular insurance policy does not otherwise contain a definition.'

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 3, 2006.

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REVENUE -AD VALOREM TAX APPEAL; TAXPAYER COSTS.

No. 757 (Senate Bill No. 597).

AN ACT

To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, is amended by striking subdivision (g)(4)(B)(ii) and inserting in its place a new subdivision (g)(4)(B)(ii) to read as follows:
"(ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of tax assessors as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal."

SECTION 2. 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 all tax appeals filed with the county boards of tax assessors on or after that date.

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

Approved May 3, 2006.

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CIVIL PRACTICE - REVENUE - TAX EXECUTIONS AND PROPERTY REDEMPTION; COMPREHENSIVE REVISION.

No. 759 (Senate Bill No. 585).

AN ACT

To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, and Title 48 ofthe Official Code ofGeorgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding tax executions and redemption of property; to provide for procedures, conditions, and limitations regarding the transfer of tax executions; to change certain provisions relating to procedures for sales under tax levies and executions; to change provisions regarding payment of excess proceeds; to provide for requirements and procedures with respect to certain tax sales; to change certain provisions regarding redemption of property; to provide for additional circumstances under which real estate transfer tax is not due and payable; to change certain provisions relating to transfer of executions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following:
"9-13-36. (a) Except as otherwise provided for in subsection (b) of this Code section, whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party . The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such person's residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution.

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(b) This Code section shall not be applicable to tax executions. Tax executions shall be governed exclusively by Chapters 3 and 4 of Title 48.'

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-19, which is reserved, and inserting in its place a new Code Section 48-3-19 to read as follows:
'48-3-19. (a) As used in this Code section, the term:
( 1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of the record owner of the property. The following actions shall satisfy the diligent search requirements ofthis Code section: sending notice by first-class mail, certified mail, or statutory overnight delivery, as required by law. If the notice is returned undelivered the following actions shall satisfy the diligent search requirements of this Code section: due diligence shall include checking telephone directories for the county wherein the property is located; checking the records of the tax commissioner of the county wherein the property is located; or checking the real estate records of the clerk of the superior court of the county wherein the property is located. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (4) Transferee' means a person to whom an execution is transferred. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special assessments, the officer whose duty is to enforce the execution may transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution.
(2)(A) It shall be unlawful for any tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this

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Code section. It shall be unlawful for any employee ofa tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are:
(i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee ofa tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c)(I) Within 60 days following the transfer, the transferee shall notifY the delinquent taxpayer of the transfer of the tax execution by first-class mail. The notice shall include: (A) The name, mailing address, and telephone number for the transferee's business office; (B) The amount necessary to satisfY such execution; and (C) Other information as deemed appropriate by the transferee. (2) In the event that any such notice by first-class mail is returned undelivered, the transferee shall be required to perform due diligence in an effort to obtain the delinquent taxpayer's correct address or any new owner's correct address and resend the notice by first-class mail. (d) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title. (e)(I) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall not be subject to the time period requirements of paragraph (I) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph ( 1) of this subsection. (f) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice

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must provide the transferee's most updated contact information, including mailing address and telephone number. (g) Any transferee that pays the tax official more than two million dollars in any calendar year for the transfer of executions shall maintain a reasonably accessible office within 50 miles of the courthouse wherein the superior court of the county wherein the transferred executions were issued is located. Said office shall be open to the public for at least eight hours per day for five days a week, official state holidays excepted:

SECTION 4. Said title is further amended in Code Section 48-4-1, relating to procedures for sales under tax levies and executions, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a)(l) Except as otherwise provided in this title, when a levy is made upon real or personal property, the property shall be advertised and sold in the same manner as provided for executions and judicial sales. Except as otherwise provided in this title, the sale of real or personal property under a tax execution shall be made in the same manner as provided for judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under a tax execution made pursuant to this chapter, the defendant shall be given ten days' written notice of such sale by registered or certified mail or statutory overnight delivery. The notice required by this Code section shall be sent:
(A) In cases of executions issued by a county officer for ad valorem taxes, to the defendant's last known address as listed in the records of the tax commissioner of the county that issued the tax execution; (B) In cases of executions issued by a municipal officer for ad valorem taxes, to the defendant's last known address as listed in the records of the municipal officer of the municipality that issued the tax execution; or (C) In cases of executions issued by a state officer, to the defendant's last known address as listed in the records of the department headed by the issuing officer. (2) A copy of the notice provided for in paragraph (1) of this subsection shall also be sent by the same tax officer sending the notice to the defendant to the appropriate tax official of the state, county, or municipality which also has issued an execution with respect to such property:

SECTION 5. Said title is further amended by striking Code Section 48-4-5, relating to payment of excess proceeds of a tax sale by a tax commissioner or tax collector, and inserting in its place a new Code Section 48-4-5 to read as follows:
'48-4-5. (a) If there are any excess funds after paying taxes, costs, and all expenses of a sale made by the tax commissioner, tax collector, or sheriff, or other officer holding excess funds, the officer selling the property shall give written notice of

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such excess funds to the record owner of the property at the time of the tax sale and to the record owner of each security deed affecting the property and to all other parties having any recorded equity interest or claim in such property at the time of the tax sale. Such notice shall be sent by first-class mail within 30 days after the tax sale. The notice shall contain a description of the land sold, the date sold, the name and address of the tax sale purchaser, the total sale price, and the amount of excess funds collected and held by the tax commissioner, tax collector, sheriff, or other officer. The notice shall state that the excess funds are available for distribution to the owner or owners as their interests appear in the order of priority in which their interests exist. (b) The tax commissioner, tax collector, sheriff, or other officer may file, when deemed necessary, an interpleader action in superior court for the payment of the amount of such excess funds. Such excess funds shall be distributed by the superior court to the intended parties, including the owner, as their interests appear and in the order of priority in which their interests exist. The cost of litigation such an interpleader action, including reasonable attorney's fees, shall be paid from the excess funds upon order of the court. (c) After five years have elapsed from the tax sale date, the tax commissioner, tax collector, sheriff, or other officer holding excess funds shall pay over to the department any excess unclaimed funds and for which no action or proceeding is pending in a claim for payment. Once excess funds are placed in the possession of the department, only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds."

SECTION 6. Said title is further amended by striking Code Section 48-4-44, relating to quitclaim deeds by purchaser, and inserting in lieu thereof a new Code Section 48-4-44 to read as follows:
"48-4-44. (a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., which deed shall recite:
(I) The name of the person who has paid the redemption money; and (2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid. (b) The recitals required by subsection (a) of this Code section shall be prima-facie evidence of the facts stated. (c) If the quitclaim deed provided for in subsection (a) of this Code section is presented to the purchaser at the time such person accepts the amount payable for the redemption in the form of cash or a certified check, the purchaser shall, at that time, sign the quitclaim deed if a notary public and an unofficial witness are present to witness such signature. (d) Ifno quitclaim deed is presented at the time of the redemption or if sufficient witnesses are not present, it shall be the responsibility of the purchaser to prepare

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and properly execute such quitclaim deed as is required by law within seven days from the date of the redemption. (e) It shall be the responsibility of the purchaser once the quitclaim deed is properly executed as required in subsection (d) of this Code section to present such deed for recordation to the clerk of the court within ten days of the redemption. The quitclaim deed shall be presented for recordation in the county where the tax sale originally occurred. The purchaser shall pay all recording costs and return the recorded quitclaim deed to the redeemer.'

SECTION 7. Said title is further amended in Code Section 48-6-2, relating to exemptions from real estate transfer tax, by adding a new paragraph immediately following paragraph (8) ofsubsection (a), to be designated paragraph (8.1 ), to read as follows:
'(8.1) Any deed that seeks to return any property sold at a tax sale back to the defendant in fi. fa.;'

SECTION 8. The provisions of this Act shall apply to all executions transferred on or after July 1, 2006. Executions transferred prior to July 1, 2006, shall not be affected by this Act.

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

Approved May 3, 2006.

SOCIAL SERVICES- MEDICAID; MEDICAL ASSISTANCE MANAGED CARE FRAUD; HEARINGS; NOTICE; ESTATE RECOVERY; HARDSHIP WAIVERS.
No. 760 (Senate Bill No. 572).
AN ACT
To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to change certain provisions relating to unlawful acts regarding Medicaid; to provide for inclusion of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for hearings on disputed payments before an administrative law judge; to provide for procedure related to such hearings, including assessment of costs; to require legislative notification for the

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submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for a limit on the effective date of the Medicaid estate recovery program; to provide for substantial and unreasonable hardship waivers on any claim against the first $100,000.00 of any homestead; to provide for notice requirements; to provide for installment payments; to provide for submission of an amendment to the state plan; 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. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia, relating to medical assistance generally, is amended by adding a new Code section to read as follows:
"49-4-142.1. On and after the effective date of this Code section, neither the department, the board, nor any other representative of the state shall submit any request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act without legislative notification. This shall apply only to waivers that relate to Medicaid modernization, Medicaid transformation, or aM edicaid reform model that would affect 20,000 or more individuals in the Georgia Medicaid population. The legislative notification required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly."

SECTION 2. Said article is further amended striking subsections (a) and (b) of Code Section 49-4-146.1, relating to unlawful acts regarding Medicaid, and inserting in lieu thereof new subsections (a), (b), and (i) to read as follows:
"(a) As used in this Code section, the term: ( 1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) 'Convicted' means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency.

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(5) 'Payment' includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (6) 'Person' means any person, firm, corporation, partnership, or other entity. (7) 'Person with an ownership or control interest' means a person who:
(A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity ifthat interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (8) 'Provider' means an actual or prospective provider of medical assistance under this chapter. The term 'provider' shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (b) It shall be unlawful: (1) For any person or provider to obtain, attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled, or knowingly and willfully to falsify any report or document required under this article.' "(i) It shall be the duty of the department to identify and investigate violations of this article and to tum over to the prosecuting attorney, for prosecution, any information concerning any recipient of medical assistance who violates this article."

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SECTION 3. Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following:
"49-4-147.1. (a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance the applicant received written notice that the medical assistance costs could be recovered from the applicant's estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than the effective date of this subsection. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf prior to the effective date of this subsection. (c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments. (d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $100,000.00 of any estate. The commissioner shall annually adjust this exemption based on changes in the consumer price index. The value of the estate shall not include year's support, funeral expenses not to exceed $5,000.00, necessary expenses of administration, or reasonable expenses of the recipient's last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services reflecting the provisions of this subsection. In the event that such amended state. plan is not approved, this subsection shall stand repealed in its entirety."

SECTION 4. Said article is further amended in Code Section 49-4-15 3, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subsection (b) and inserting in lieu thereof the following:
'(b)(1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction ofthe Department of Community Health as to any medical or remedial care or service which such recipient

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alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioner's designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioner's designated representative, has 30 days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner.
(2)(A) A provider ofmedical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination ofthe amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings. The provider's request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so

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providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner, or the commissioner's designated representative, may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Community Health shall be entitled to a hearing; provided, however, that no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Community Health, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Community Health. In cases where an entitlement to a hearing before the Department of Community Health, pursuant to this paragraph, lies, the Department of Community Health shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Community Health for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Community Health, he or she must give written notice of his or her appeal to the commissioner of community health within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter."

SECTION 5. Said article is further amended in Code Section 49-4-15 3, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by adding a new subsection (e) to read as follows:

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'(e)(l) A provider of medical assistance may request a hearing on a decision of a care management organization with respect to a denial or nonpayment of or the determination of the amount ofreimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The provider's request for hearing shall identify the care management organization with which the provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. (2) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (3) The decision of the administrative law judge shall be the final administrative remedy available to the provider. Review thereafter shall proceed in accordance with Code Section 50-13-19. The fees and expenses of the Office of State Administrative Hearings may, at the administrative law judges discretion, be assessed against the party against whom the administrative law judge enters his or her order."

SECTION 6. This Act shall become effective on April 1, 2006, or upon its approval by the Governor, whichever last occurs, or upon its becoming law without such approval.

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

Approved May 3, 2006.

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MOTOR VEHICLES - WINDOW TINTING; MEDICAL EXEMPTION ATTESTED TO BY OPTOMETRIST.

No. 761 (Senate Bill No. 570).

AN ACT

To amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; 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 40-8-73 .I of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, is amended by striking subsection (d) and inserting a new subsection (d) 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 or a person certified as an optometrist under Chapter 30 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 Public Safety.'

SECTION 2. This Act shall become effective on July I, 2006.

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

Approved May 3, 2006.

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EDUCATION- GEORGIA HIGHER EDUCATION FACILITIES AUTHORITY.

No. 762 (Senate Bill No. 562).

AN ACT

To amend Title 20 of the Official Code ofGeorgiaAnnotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for legislative oversight; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, ts amended by adding at the end a new chapter to read as follows:

uCHAPTER 16

20-16-1. This chapter shall be known and may be cited as the 'Georgia Higher Education Facilities Authority Act.'

20-16-2. (a) As used in this chapter, the term:
(1) 'Authority' means the Georgia Higher Education Facilities Authority. (2) 'Board of regents' means the Board of Regents of the University System of Georgia. (3) 'Board of technical and adult education' means the State Board of Technical and Adult Education. (4) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this chapter, including refunding bonds. (5) 'Construction' means construction, renovation, improvement, rehabilitation, or restoration. (6) 'Cost of the project' means the cost of construction; the cost of all lands, real properties, personal properties, fixtures, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural, and legal expenses; cost of plans and specifications and other expenses necessary or incident to

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determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, or the placing of it in operation and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds ofrevenue bonds issued under this chapter for such project. (7) 'Project' means facilities of every kind, type, and character deemed by the authority necessary or convenient for the efficient operation of any unit. (8) 'Unit' means any institution, school, academy, university, or experiment station at any particular location which forms a part of the university system or is under the control of the board of technical and adult education. (9) 'University system' means the University System of Georgia. (b) Any project or combination of projects shall be deemed 'self-liquidating,' if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal of and interest on revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

20-16-3. (a} There is created a body corporate and politic to be known as the Georgia Higher Education Facilities Authority, which shall be deemed to be an instrumentality of this state and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of five members, as follows: three appointees of the Governor, one appointee of the Speaker of the House of Representatives who is a member of the board of technical and adult education, and one appointee of the President Pro Tempore of the Senate who is a member of the board of regents. The initial term of office of the Governor's appointees shall end on June 30, 2007. The initial term of office of the Speaker of the House of Representative's appointee shall end on June 30, 2008. The initial term of office ofthe President Pro Tempore ofthe Senate's appointee shall end on June 30, 2009. After the expiration of these initial terms of office, the terms of office of all succeeding members shall be for three years. If, at the end of any term of office of any member, a successor thereto has not been appointed, the member whose term of office has expired shall continue to hold office until his or her successor is so appointed. (b) The authority shall elect one of its members as chairperson and another as vice chairperson and a secretary and treasurer, who need not necessarily be a member of the authority. The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, except as otherwise provided in this chapter. The members of the authority shall

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be entitled to and shall be reimbursed for their reasonable travel and expenses necessarily incurred in the performance oftheir duties and shall receive the same per diem as do members of the General Assembly. The authority may hire staff or may have staff assigned from within the university system or from the Department of Technical and Adult Education for the purposes of carrying out the duties and responsibilities contained in this chapter, with compensation paid from resources available to the authority or the board of regents or the board of technical and adult education, as such boards and the authority may agree. The authority shall make bylaws for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this chapter or impair the obligations of any contracts existing under this chapter. (c) The authority is assigned to the Georgia State Financing and Investment Commission for administrative purposes only as prescribed in Code Section 50-4-3. (d) No member of the authority shall transact any business, as such term is defined in Code Section 45-10-20, with the state, the University System of Georgia or any of its institutions, or the Department of Technical and Adult Education or any of its institutions.

20-16-4. The authority shall have power:
(1) To have a seal and alter it 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, real property or estates for years, usufructs, or rights ofeasements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of them in any manner it deems to the best advantage of the authority; and if the authority shall deem it expedient to construct or finance any project on lands which are a part ofthe campus, grounds, or other real estate holdings of a unit, the Governor and the board of regents, as may be applicable, are authorized to execute for and on behalf of the state a lease for the term of the financing, such lease to terminate when the bonds for the project are retired, upon such lands to the authority or to an entity borrowing funds from the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, provided that such lands shall remain subject to the police power jurisdiction of the board of regents or the board of technical and adult education, as may be applicable; (4) To appoint an executive director who shall be the executive officer and administrative head of the authority. The executive director shall be appointed by and shall serve at the pleasure of the members of the authority. The

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executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the members of this authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (5) To make and execute contracts, leases, rental agreements, and other instruments necessary or convenient to exercise the powers of the authority, including contracts for construction of projects and leases of projects or contracts with respect to the use or operation of projects which the authority causes to be erected or acquired; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects to be located on property owned by or leased by the authority; (7) To extend credit or make loans to ~ny person, firm, corporation, limited liability company, or other type of entity for the planning, design, construction, acquisition, refinancing, or carrying out of any project, which credit or loans shall be secured by loan agreements, deeds to secure debt, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and to require the inclusion in any contract, loan agreement, deed to secure debt, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (8) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by deed to secure debt, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, with any such instrument terminating when the bonds for the project are retired, in order to secure the repayment of any moneys loaned or credit extended by the authority; (9) 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 such agency or instrumentality may impose; (10) 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 such bonds and for the rights of the holders thereof; ( 11) To borrow money for any of its corporate purposes, on either an unsecured or secured basis, and to execute loan agreements, promissory notes, and other contracts and instruments in connection therewith and to provide for the repayment of such loans and for the rights of the lenders thereof; ( 12) As security for repayment of its revenue bonds, loans, or notes, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority, to the extent of its interest therein, and to

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execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such bonds, loans, or notes, either in payment of principal or interest or in the performance of any term or condition as are contained in such agreement or indenture. The state waives any right which it may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, to the extent of the interest of the authority therein but not any interest of the state therein, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; ( 13) To procure or to provide insurance against any loss in connection with its programs, property, and other assets. (14) To receive and administer gifts, grants, and devises of money and property of any kind from any source and to administer trusts; ( 15) 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 (16) To do all things necessary or convenient to carry out the powers expressly given in this chapter.

20-16-5. (a) Revenue bonds issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds. No revenue bonds shall be issued by the authority under this chapter unless its members adopt a resolution finding that the project or combination of projects for which such bonds are to be issued will be self-liquidating. (b) All revenue bonds shall be authorized by resolution ofthe authority, adopted by a majority vote of the full membership ofthe authority at a regular or special meeting. (c) Revenue bonds shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds shall bind the members of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds

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then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of this state or any other laws ofthis state shall not apply to revenue bonds of the authority. (f) The authority shall not have outstanding at any one time bonds and notes exceeding $300 million.

20-16-6. (a) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. (b) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (c) Bonds shall bear a certificate of validation. The signature of the clerk ofthe Superior Court of Fulton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.

20-16-7. (a) Subject to the limitations and procedures provided by this Code section and by Code Section 20-16-6, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project, or for the purpose of refunding any bonds or bond anticipation notes issued in accordance with this chapter. (c) Issuance by the authority of one or more series of bonds or bond anticipation notes for one or more projects shall not preclude it from issuing other bonds in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to

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be renewed have matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority of any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.

20-16-8. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall request the Georgia State Financing and Investment Commission to approve the bonds and carry out other services for the authority as provided by Article 2 of Chapter 17 of Title 50.

20-16-9. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one unit or any number of units. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its full membership.

20-16-10. Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the property provided for in Code Section 20-16-5; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions ofthis Code section.

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20-16-11. The bonds authorized in this chapter are made secuntJes in which all public officers and public bodies of this state and all municipalities and all political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and public bodies of this state and all municipalities and political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized.

20-16-12. The creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.

20-16-13. (a) The Attorney General shall provide legal services for the authority and in connection therewith the provisions ofCode Sections45-15-l3 through 45-15-16 shall be fully applicable. (b) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state s fiscal year for the purpose of obtaining an audit of the authority's finances.

20-16-14. Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County; and any action pertaining to validation of any bonds issued under this chapter shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.

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20-16-15. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

20-16-16. This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized by this chapter, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

20-16-17. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.

20-16-18. (a) There is created as a joint committee of the General Assembly the Georgia Higher Education Facilities Authority Committee to be composed of five members ofthe House ofRepresentatives appointed by the Speaker of the House, two of whom shall be members of the minority party, five members of the Senate appointed by the Senate Committee on Assignments, two of whom shall be members of the minority party, the chairperson of the House Committee on Higher Education or his or her designee, and the chairperson of the Senate Higher Education Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members ofthe General Assembly. The Senate Committee on Assignments shall appoint a cochairperson from the Senate members of the committee, and the Speaker of the House shall appoint a cochairperson from the House of Representatives members of the committee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Higher Education Facilities Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. (b) The state auditor, 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 Code section. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. (c) The Georgia Higher Education Facilities 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

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committee, set forth in this Code section, 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 Higher Education Facilities 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 Higher Education Facilities Authority, as set forth in this chapter. (d) In the discharge of its duties, the committee shall evaluate the performance of the Georgia Higher Education Facilities Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. (e)(l) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Such funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties. (2) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (3) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.'

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

Approved May 3, 2006.

PROFESSIONS- REAL ESTATE APPRAISERS, BROKERS, AND SALESPERSONS.
No. 763 (Senate Bill No. 547).
AN ACT
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to

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provide for certain conditions for the investigation of appraisers; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide for the recusal of members of the Georgia Real Estate Commission; to provide for certain reasons for removing a member of the Georgia Real Estate Commission; to provide for grounds for denying a real estate license; to provide for the requirements for approving a license to a real estate licensing school; to allow for the regulation of granting, revoking, or suspending a real estate license; to provide for certain provisions relating to sanctions for violations committed by licensees, schools, and instructors; to provide for certain provisions relating to investigating complaints reported to the Georgia Real Estate Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, requirements formembership,removal from the board, meetings, and compensation, and inserting in its place a new Code section to read as follows:
'43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member ofthe board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) A member of the board shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the boards initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall be recused from voting on such matter and may not

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discuss the matter with other board members or be present when the board discusses or votes on such matter. (d) The term of each member of the board shall be five years, except that one of the successors to the two members first appointed to serve until July 1, 1992, shall be appointed to serve until July 1, 1994, and one of the successors to the two members first appointed to serve until July 1, 1993, shall be appointed to serve until July 1, 1995. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term. (e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(l) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction other than a citation authorized by this chapter imposed by any professional licensing agency on such member's right to practice a trade or profession. (f) The members of the board shall annually elect a chairperson from among the members to preside at board meetings. (g) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal activity. (h) Each member of the board shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties. (i) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board."

SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 43-39A-8, relating to establishing appraiser classifications to comply with federal law, continuing education courses required for renewing classification, and approval of instructors, and inserting a new subsection (c) to read as follows:

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"(c) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section and for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must comply with Code Sections 43-40-15 through 43-40-32. Each approved school must designate an individual approved by the board to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. No school approval shall be granted to a school unless the school authorizes its director to bind the school to any settlement of a contested case before the board as defined in Chapter 13 ofTitle 50, the 'Georgia Administrative Procedure Act.' Violations of this chapter or its attendant rules and regulations by an approved school shall subject the school and its director to sanction as authorized by this chapter."

SECTION 3. Said chapter is further amended by striking subsections (a) and (d) of Code Section 43-3 9A-22, relating to investigations, subpoenas, confidentiality, access to records, and the publication ofthe names ofdisciplined appraisers and schools, and inserting in its place a new Code section to read as follows:
"(a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 20 percent or less, or, if the appraiser is acting as a tax consultant, which varies from the tax assessor's value by 20 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within five years of the initiation of the investigation." "(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of a majority of the quorum of the board, review by the appraiser or applicant who is the subject of the notice of hearing after its service, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction; provided, however, if an investigation authorized

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by this chapter results in the board's filing a notice of hearing or entering into settlement discussions with a member of the board, the commissioner shall immediately notify the Governor or the Governor's legal counsel of such action by the board. After service of a notice of hearing, the appraiser or applicant who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the hearing.'

SECTION 4. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-2, relating to the creation, meetings, compensation, budget, reports, and rules and regulations of the Georgia Real Estate Commission, and inserting in its place a new Code section to read as follows:
'43-40-2. (a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each ofwhom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. Five of the members shall be licensees who shall have been residents of this state and actively engaged in the real estate business for five years. The sixth member of the commission shall have no connection with the real estate industry whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) Members of the commission shall serve until their successors are appointed and qualified. Vacancies on the commission shall be filled by appointment of a successor for the unexpired term of office by the Governor. Four members shall constitute a quorum for the transaction of any business of the commission. The commission shall organize by selecting from its members a chairperson and may do all things necessary and convenient to carry this chapter into effect. The commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairperson thereof shall deem it necessary to give full consideration to the business before the commission. Members of the commission or others may be designated by the chairperson of the commission, in a spirit of cooperation and coordination, to confer with similar commissions of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the commission in the advancement of the profession and the standards of the real estate business. (c) A member of the commission shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the commission s initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall be recused from voting on such matter and may not discuss such matter with other commission members or be present when the commission discusses or votes on such matter.

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(d) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:
(I) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction, other than a citation authorized by this chapter, imposed by any professional licensing agency on such member's right to practice a trade or profession. (e) The commission is authorized to pass rules and regulations, not inconsistent with this chapter, relating to the professional conduct of licensees and the administration of this chapter. (f) Each member of the commission shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of his or her official duties. (g) The commission, through its chairperson, shall file a written report with the Governor and a copy thereof with both houses of the General Assembly on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the commission, a financial report of income and disbursements, staff personnel, and number of persons licensed by the commission. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The commission shall also outline a program of education and research for each ensuing year, for which a line appropriation shall be requested. (h) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State:

SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-40-8, relating to license requirements, and inserting in its place a new subsection (a) to read as follows:
'(a) In order to qualify for a community association manager's license, an applicant must:
(I) Have attained the age ofl8 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency;

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(4) Furnish evidence of completion of at least 25 in-class hours in a community association manager's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association managers after completing the requirements ofparagraph (4) ofthis subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing.'

SECTION 6. Said chapter is further amended by striking subsection (i) of Code Section 43-40-8, relating to license requirements, and inserting in its place a new subsection (i) to read as follows:
"(i) The commission, through its rules and regulations, shall establish standards for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must comply with Code Sections 43-40-15 through 43-40-32. Each approved school must designate an individual approved by the commission to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. An approved school must authorize its director to bind the school to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction."

SECTION 7. Said chapter is further amended by striking Code Section 43-40-10, relating to the granting of a real estate broker's license, associate broker's license, salesperson's license, or community association manager's license to a firm, and inserting in its place a new Code section to read as follows:
"43-40-10. No broker's license shall be granted to a firm unless:
(1) Said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and

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(2) Said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said firm may be a named respondent. Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license."

SECTION 8. Said chapter is further amended by striking paragraphs ( 17) and (26) of subsection (b) of Code Section 43-40-25, relating to sanctions for violations committed by licensees, schools, and instructors and unfair trade practices, and inserting in their places new paragraphs (17) and (26) to read as follows:
"( l 7) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision ofthis Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; or (C) By the brokerage firm holding a licensee's license to an unlicensed firm in which an individual licensee affiliated with the brokerage firm owns more than a 20 percent interest provided:
(i) Such individual licensee earned the commission in behalf of the brokerage firm; (ii) Such unlicensed firm does not perform real estate brokerage activity; (iii) The affiliated licensee and the brokerage firm have a written agreement authorizing the payment to the unlicensed firm; and (iv) The brokerage firm obtains and retains written evidence that the affiliated licensee owns more than a 20 percent interest in the unlicensed firm to which the compensation will be paid;" "(26) Obtaining a brokerage agreement, a sales contract, or a lease from any owner, purchaser, or tenant while knowing or having reason to believe that another broker has an exclusive brokerage agreement with such owner, purchaser, or tenant, unless the licensee has written permission from the broker

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having the first exclusive brokerage agreement; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors;'

SECTION 9. Said chapter is further amended by striking subsection (d) of Code Section 43-40-27, relating to the investigation of complaints reported to the commission, and inserting in its place a new subsection (d) to read as follows:
"(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of a majority of the quorum of the commission, review by the licensee or applicant who is the subject of the notice of hearing after its service, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the commission's filing a notice of hearing or entering into settlement discussions with a member of the commission, the commission shall immediately notify the Governor or the Governor's legal counsel of such action by the commission. After service of a notice of hearing, a licensee or applicant who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the hearing. Nothing in this subsection shall prevent the commission, in its sole discretion, from notifying persons who request investigations or the licensee or applicant who is the subject of the notice of hearing of the receipt of a request for investigation or the commission's disposition of the investigation nor from making available to the public any document that becomes a public record during the hearing process authorized by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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

Approved May 3, 2006.

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801

MOTOR VEHICLES- SPECIAL LICENSE PLATES; GLOBAL WAR ON TERRORISM; OPERATION ENDURING FREEDOM.

No. 764 (Senate Bill No. 539).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
.40-2-86.18. (a) There shall be issued special and distinctive vehicle license plates supporting the Global War on Terrorism and Operation Enduring Freedom, subject to the conditions set forth in this Code section. (b) The commissioner shall, in cooperation with the supporters of this license plate, design special distinctive license plates supporting the Global War on Terrorism and Operation Enduring Freedom. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. In that space will be the inscription 'Global War on Terrorism.' Any person may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Beginning January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate supporting the Global War on Terrorism and Operation Enduring Freedom,

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and decals shall be issued for such license plates in the same manner as provided for general issue license plates. (d) An applicant may request a license plate supporting the Global War on Terrorism and Operation Enduring Freedom at any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (e) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after the effective date of this Code section for applicants to pay the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (f) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (g) License plates supporting the Global War on Terrorism and Operation Enduring Freedom shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (h) License plates supporting the Global War on Terrorism and Operation Enduring Freedom shall be issued within 30 days of application once the requirements of this Code section have been met.'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved May 3, 2006.

GEORGIA LAWS 2006 SESSION

803

MOTOR VEHICLES- SPECIAL LICENSE PLATES; GLOBAL WAR ON TERRORISM AND IRAQI FREEDOM;
MILITARY SPECIAL PLATES; RETENTION OR ENTITLEMENT BY SURVIVING SPOUSE.

No. 765 (Senate Bill No. 538).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide that spouses of members of active reserve components of the United States military shall be entitled to keep the free license plate when the member is killed in a combat arena; to provide that spouses ofNational Guard members shall be entitled to keep the free license plate when the member is killed in a combat arena; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
'40-2-86.18. (a) There shall be issued special and distinctive vehicle license plates supporting the Global War on Terrorism and Iraqi freedom, subject to the conditions set forth in this Code section. (b) The commissioner shall, in cooperation with the supporters of this license plate, design special distinctive license plates supporting the Global War on Terrorism and Iraqi freedom. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of charactel"s does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left ofthe alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. In that space will be the inscription 'Global War on Terrorism.' Any person may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Beginning January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing

804

GENERAL ACTS AND RESOLUTIONS, VOL. I

of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate supporting the Global War on Terrorism and Iraqi freedom, and decals shall be issued for such license plates in the same manner as provided for general issue license plates. (d) An applicant may request a license plate supporting the Global War on Terrorism and Iraqi freedom at any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (e) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least I ,000 applications. The special license plate shall have an application period of two years after the effective date of this Code section for payment of the manufacturing fee. After such time ifthe minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (t) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (g) License plates supporting the Global War on Terrorism and Iraqi freedom shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (h) License plates supporting the Global War on Terrorism and Iraqi freedom shall be issued within 30 days of application once the requirements of this Code section have been met."

SECTION 2. Said article is further amended by adding a new subsection (d) to Code Section 40-2-65, relating to distinctive license plates for members of the active reserve of the United States military, to read as follows:
"(d) The spouse of a member of the active reserve of the United States military who is killed while serving in a combat arena shall continue to be eligible to be issued a distinctive license plate as provided in this Code section so long as such spouse does not remarry."

GEORGIA LAWS 2006 SESSION

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SECTION 3. Said article is further amended by adding a new subsection (e) to Code Section 40-2-66, relating to distinctive license plates for members of the National Guard, to read as follows:
'(e) The spouse of a member of the National Guard who is killed while serving in a combat arena shall continue to be eligible to be issued a distinctive license plate as provided in this Code section so long as such spouse does not remarry."

SECTION 4. This Act shall become effective on July 1, 2006.

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

Approved May 3, 2006.

COMMERCE- GUARDIAN AND WARDWILLS- TEMPORARY PETITIONS FOR
GUARDIANSHIP; ESTATE DISTRIBUTION; PROBATE JUDGES; FUNDS; PUBLIC GUARDIANS.
No. 766 (Senate Bill No. 534).
AN ACT
To amend Titles 10, 29, and 53 of the Official Code of Georgia Annotated, relating respectively to commerce, guardian and ward, and wills, trusts, and administration of estates, so as to correct cross-references from the enactment of Ga. L. 2004, p. 161; to allow temporary petitions for guardianships to be filed in the county where the minor is located under certain circumstances; to provide for distribution of the estate of an intestate minor or adult ward by the conservator; to provide for payment of expenses of certain hearings under certain circumstances; to change the amount of the funds for which a probate judge can be legal custodian; to change provisions relating to satisfaction of requirements of authentication or exemplification; to allow probate court judges to hold certain funds for a missing heir or beneficiary under a decedent's will; to change certain provisions relating to bonds for public guardians; to specify that when a trustee's compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by striking Code Section 10-6-4, relating to authorization for fiduciaries to convey by attorneys in fact, and inserting in lieu thereof the following:
8 10-6-4. Executors, administrators, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person.n

SECTION 2. Said title is further amended by striking Code Section 10-6-30, relating to the requirement that agents and fiduciaries keep accounts, and inserting in lieu thereof the following:
8 10-6-30. It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other fiduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them with interest on balances on hand and with costs. n

SECTION 3. Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, is amended by striking subsection (b) and paragraph (3) of subsection (c) of Code Section 29-2-5, relating to petitions for temporary guardianships, and inserting in lieu thereof the following:
n(b) The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.'
8 (3) A statement that the petitioner has physical custody of the minor and: (A) Is domiciled in the county in which the petition is being filed; or (B) Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;n

SECTION 4. Said title is further amended by striking subsection (b) of Code Section 29-2-30, relating to circumstances when guardianship terminates, and inserting in lieu thereof the following:
n(b) Within six months prior to the date the minor reaches 18 years of age, the guardian or any other interested person may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 4 of this title, to take effect on or after the date the minor reaches 18 years of age.n

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SECTION 5. Said title is further amended by striking subsection (h) of Code Section 29-3-3, relating to the definition of "gross settlement" and the compromise of a claim, and inserting in lieu thereof the following:
'(h) If an order of approval is obtained from the court based upon the best interest of the minor, the natural guardian or conservator is authorized to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part or all of the consideration for the compromise until after the minor reaches the age of majority and may involve a structured settlement or creation of a trust on terms which the court approves.'

SECTION 6. Said title is further amended by striking subsection (a) of Code Section 29-3-6, relating to power to appoint a conservator, and inserting in lieu thereof the following:
'(a) The court of the county in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor.'

SECTION 7. Said title is further amended by striking paragraph (6) of subsection (c) of Code Section 29-3-22, relating to the power of the conservator, and inserting in lieu thereof the following:
'(6) To release the debtor and compromise a debt which is in the amount of more than $15,000.00 when the collection of the debt is doubtful;"

SECTION 8. Said title is further amended by striking the introductory language of subsection (a) of Code Section 29-3-50, relating to compensation for conservators, and inserting in lieu there of the following:
"(a) Other than a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:"

SECTION 9. Said title is further amended by adding a new subsection to the end of Code Section 29-3-71, relating to final settlements and return of property to a minor, to read as follows:
'(e) When a minor ward for whom the county administrator or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the minor ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 10. Said title is further amended by striking paragraph (3) of subsection (c) of Code Section 29-4-15, relating to prerequisite findings prior to the appointment of emergency guardians, and inserting in lieu thereof the following:
8(3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be furnished to the court and made available to the parties within this time frame, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-4-11 ;n

SECTION 11. Said title is further amended by adding a new Code Section 29-4-17 to the end of Article 2 of Chapter 4, relating to procedures for appointment of guardians of adults, to read as follows:
8 29-4-17. The amounts actually necessary or requisite to defray the expenses ofany hearing held under this article shall be paid:
( 1) From the estate of the ward if a guardianship is ordered; (2) By the petitioner if no guardianship is ordered; or (3) By the county in which the proposed ward is domiciled or by the county in which the hearing was held only ifthe person who actually presided over the hearing executes an affidavit or includes a statement in the order that the party against whom costs are cast pursuant to paragraph (1) or (2) of this Code section appears to lack sufficient assets to defray the expenses.n

SECTION 12. Said title is further amended by striking subsection (a) of Code Section 29-5-3, relating to order of preference in selecting a conservator, and inserting in lieu thereof the following:
n(a) The court shall appoint as conservator that person who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown."

SECTION 13. Said title is further amended by striking subsection (a) of Code Section 29-5-15, relating to review of a petition for emergency conservatorship, and inserting in lieu thereof the following:

GEORGIA LAWS 2006 SESSION

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'(a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-14."

SECTION 14. Said title is further amended by adding a new Code Section 29-5-17 to the end of Article 2 of Chapter 5, relating to petitions for appointed conservators of adults, to read as follows:
'29-5-1 7. The amounts actually necessary or requisite to defray the expenses of any hearing held under this article shall be paid:
( 1) From the estate of the ward if a conservatorship is ordered; (2) By the petitioner if no conservatorship is ordered; or (3) By the county in which the proposed ward is domiciled or by the county in which the hearing is held if the proposed ward is not a domiciliary of the state. The amounts shall be paid by the appropriate county upon the warrant of the court of the county where the hearing was held. Payment by the county shall be required, however, only if the person who actually presides over the hearing executes an affidavit or includes a statement in the order that the party against whom costs are cast pursuant to paragraph (1) or (2) of this Code section appears to lack sufficient assets to defray the expenses.'

SECTION 15. Said title is further amended by adding a new subsection to the end of the Code Section 29-5-72, relating to termination of conservatorship and death of a ward, to read as follows:
'(g) When a ward for whom the county administrator or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate.'

SECTION 16. Said title is further amended by striking Code Section 29-6-1, relating to judges of probate courts as custodians of certain funds, and inserting in lieu thereof the following:
'29-6-1. The judges ofthe pro bate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $15,000.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue of the judge's office as judge of the probate court in the county of residence of the minor or adult; provided, however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge:

SECTION 17. Said title is further amended by striking paragraph (1) of Code Section 29-6-9, relating to circumstances under which custodial property shall be returned, and inserting in lieu there of the following:
'(1) A conservator ifthe custodial funds exceed $15,000.00;'

SECTION 18. Said title is further amended by striking subsection (a) of Code Section 29-7-15, relating to compensation for guardian, and inserting in lieu thereof the following:
'(a) As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardian's hands during any months while the VA guardian serves. If the ward receives at least $350.00 per month, the minimum fee shall be $35.00 per month:

SECTION 19. Said title is further amended by striking Code Section 29-8-5, relating to revocation of!etters of guardianship or conservatorship or other court orders necessary for the good of a ward, and inserting in lieu thereof the following:
'29-8-5. The court may, for good cause shown, as provided in Code Section 29-5-92, revoke the letters of guardianship or conservatorship of the county guardian, require additional security on the county guardian's bond, or issue any other order as is expedient and necessary for the good ofany particular conservatorship in the hands of the county guardian:

SECTION 20. Said title is further amended by striking Code Section 29-9-13, relating to satisfaction of requirements of authentication or exemplification, and inserting in lieu thereof the following:
'29-9-13. (a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally served. For persons within the United States who are served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 14 days from the date of mailing or delivering; provided, however, that if a return receipt

GEORGIA LAWS 2006 SESSION

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from any recipient is received by the court within 14 days from the date of mailing or delivering, the date on or before which any objection is required to be filed by such recipient shall be ten days from the date of receipt as shown on the return receipt. For a person outside the United States who is served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed or delivered; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks. (b) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the citation, the court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings. (c) Notwithstanding the other provisions of this Code section, the date by which objections must be filed or on which the hearing shall be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service."

SECTION 21. Said title is further amended by striking Code Section 29-10-5, relating to bonds for public guardians, and inserting in lieu thereof the following:
'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 ofthe public guardian s duty as such, as required by law."

SECTION 22. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by adding a new Code Section 53-9-8 to the end of Article 1 of Chapter 9, relating to administration of estates for missing persons and persons believed to be dead, to read as follows:
'53-9-8. (a) The judges of the probate court, in their discretion, shall also be the depositories for and custodians of all moneys of any heir or beneficiary of any estate who cannot be located by the personal representative for moneys that may be distributed to the heir or beneficiary. Any personal representative shall be

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GENERAL ACTS AND RESOLUTIONS, VOL. I

authorized to pay over to the judge any such moneys; and the judge shall be authorized to take charge thereof as provided for in this Code section. (b) The judge shall turn over to the Department of Revenue all custodial property held pursuant to this Code section 15 years after receipt by the judge of such property."

SECTION 23. Said title is further amended by striking subsection (b) of Code Section 53-12-173, relating to compensation for services, and inserting in lieu thereof the following:
'(b) If the trustee's compensation is not specified in the trust instrument or any separate written agreement, the trustee, for services rendered, shall be entitled to the same compensation as conservators receive for similar services as set forth in Code Section 29-5-50. The trustee's compensation may be paid from time to time as the fees are earned, except that the fees for delivery of property in kind, when specifically approved by the judge of the probate court, may be paid in advance of actual distribution when the judge ofthe probate court shall determine that this is equitable and that the condition of the estate permits it.'

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2006.

CRIMES- CRIMINAL PROCEDURELAW ENFORCEMENT- TORTSNUCLEAR POWER FACILITIES.
No. 767 (Senate Bill No. 532).
AN ACT
To amend provisions of the Official Code of Georgia Annotated so as to enhance the protection of nuclear power facilities licensed by the United States Nuclear Regulatory Commission; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to authorize the use of certain weapons by nuclear security personnel or contract nuclear security personnel operating pursuant to a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency; to prohibit the possession or use of certain weapons on a federally licensed nuclear plant site; to amend Chapter 4 of Title l 7 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to empower such nuclear security personnel to detain and use reasonable force against persons reasonably believed to present a danger to the nuclear plant site; to amend Chapter 3 of Title 35 of the

GEORGIA LAWS 2006 SESSION

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Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to expedite the processing and background checks of persons seeking employment in the field of nuclear security; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide an affirmative defense for such security personnel executing an approved nuclear security plan; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by striking "and" at the end of paragraph (3), substituting"; and" for the period at the end of paragraph (4), and inserting a new paragraph (5) in Code Section 16-11-124, relating to exemptions from the prohibition ofthe possession of certain dangerous firearms and weapons, to read as follows:
'(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers:

SECTION 2. Said chapter is further amended by inserting a new Code Section 16-11-127.2, immediately following Code Section 16-11-127.1, relating to carrying weapons within school safety zones, to read as follows:
'16-11-127.2. (a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon. Any person who violates this subsection shall be guilty of a misdemeanor. (b) Any person who violates subsection (a) of this Code section with the intent to do bodily harm on the premises of a nuclear power facility shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000, by imprisonment for not less than two nor more than 20 years, or both. (c) This Code section shall not apply to a security officer authorized to carry dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection with his or her official duties on the premises of a federally licensed

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GENERAL ACTS AND RESOLUTIONS, VOL. I

nuclear power facility; nor shall this Code section apply to persons designated in paragraph (3), (4), (5), or (9) of subsection (c) of Code Section 16-11-127.1.'

SECTION 3. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, is amended by inserting a new subsection (f) in Code Section I 7-4-20, relating to the authorization of arrests with and without warrants, and use ofdeadly force, to read as follows:
"(f) A nuclear power facility security officer, including a contract security officer, employed by a federally licensed nuclear power facility or licensee thereof for the purpose of securing that facility shall have the authority to:
(1) Threaten or use force against another in defense of a federally licensed nuclear power facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23; (2) Search any person on the premises of the nuclear power facility or the properties adjacent to the facility if the facility is under imminent threat or danger pursuant to a written agreement entered into with the local enforcement agency having jurisdiction over the facility for the purpose of determining if such person possesses unauthorized weapons, explosives, or other similarly prohibited material; provided, however, that if such person objects to any search, he or she shall be detained as provided in paragraph (3) of this subsection or shall be required to immediately vacate the premises. Any person refusing to submit to a search and refusing to vacate the premises of a facility upon the request of a security officer as provided for in this Code section shall be guilty of a misdemeanor; and (3) In accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security, detain any person located on the premises ofa nuclear power facility or on the properties adjacent thereto if the facility is under imminent threat or danger pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility, where there is reasonable suspicion to believe that such person poses a threat to the security of the nuclear power facility, regardless of whether such prohibited act occurred in the officer's presence. In the event of such detention, the law enforcement agency having jurisdiction over the facility shall be immediately contacted. The detention shall not exceed the amount of time reasonably necessary to allow for law enforcement officers to arrive at the facility.'

SECTION 4. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau oflnvestigation, is amended by inserting a new subsection (d.4) in Code Section 35-3-34, relating to the disclosure and dissemination of criminal records to private persons and businesses, to read as follows:
(d.4) The center shall place a high priority on inquiries from any nuclear power facility requesting a criminal history and shall respond to such requests as

GEORGIA LAWS 2006 SESSION

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expeditiously as possible, but in no event shall a response be made more than two business days following receipt of the request."

SECTION 5. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by inserting a new Code Section 51-1-30.4 to read as follows:
'51-1-30.4. Notwithstanding any other provision of law, an authorized security officer as provided for in Code Section 16-11-124 acting within the scope of his or her official duties on the premises of a federally licensed nuclear power facility or the properties adjacent to the facility pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility shall be entitled to immunity as provided in Code Section 51-11-9. Such officer and the officer's employer or the owner, operator, or licensee of the facility where the officer is providing security services shall also be immune from liability for the officer's good faith performance of his or her duties at such facility in accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency.'

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 5 of this Act shall apply only with respect to causes of action arising on or after the effective date of this Act.

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

Approved May 3, 2006.

INSURANCE- UNINSURED MOTORIST COVERAGE; RECOVERABLE DAMAGES; SERVICE BY PUBLICATION.
No. 768 (Senate Bill No. 531 ).
AN ACT
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide a definition; to change certain provisions

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GENERAL ACTS AND RESOLUTIONS, VOL. I

relating to service upon an owner or driver by publication of summons and service as prescribed by law upon an insurance company; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in lieu thereof the following:
"(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured damages for bodily injury, loss of consortium or death of an insured or for injury to or destruction of property of an insured under the named insured's policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option ofthe insured shall be:
(A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property; or (B) Equal to the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured if those limits of liability exceed the limits of liability set forth in subparagraph (A) of this paragraph. In any event, the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability. (2) The coverages for bodily injury or death or for injury to or destruction of property of an insured person, as provided in paragraph ( 1) of this subsection, may be subject to deductible amounts as follows: (A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner; (B) For injury to or destruction of property of the insured, deductibles of $250.00, $500.00, or $1 ,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner;

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(C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00; (D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and (E) Where an insurer has combined into one single limit the coverages required under paragraph (I) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined and the resultant total shall be construed to be a single aggregate deductible. (3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing. The coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to said insured by the same insurer. The amount of coverage need not be increased in a renewal policy from the amount shown on the declarations page for coverage existing prior to July 1, 2001. The amount of coverage need not be increased from the amounts shown on the declarations page on renewal once coverage is issued. (4) The filing of a petition for relief in bankruptcy under a chapter of Title 11 of the United States Code by an uninsured motorist as defined in this Code section, or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this Code section, or the discharge in bankruptcy of an uninsured motorist as defined in this Code section shall not affect the legal liability of an uninsured motorist as the term 'legal liability' is used in this Code section, and such filing of a petition for relief in voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this Code section so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this chapter as now or hereafter amended; but the insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In those cases the uninsured motorist upon being discharged in bankruptcy may plead the discharge in bankruptcy against any subrogation claim of any uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and the uninsured motorist may plead said motorist's discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to the insured person."

SECTION 2. Said Code section is further amended by striking subparagraph (b)(l)(B) and inserting in lieu thereof a new subparagraph (b)(1 )(B) to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'(B) 'Insured' means the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise; any person who uses, with the expressed or implied consent of the named insured, the motor vehicle to which the policy applies; a guest in such motor vehicle to which the policy applies; or the personal representatives of any of the above. For policies .issued or renewed on or after July 1, 2006, the term 'insured' shall also mean a foster child or ward residing in the household of the named insured pursuant to a court order, guardianship, or placement by the Department of Family and Children Services or other department or agency of the state, while in a motor vehicle or otherwise.'

SECTION 3. Said Code section is further amended by striking subsection (e) and inserting in lieu thereof the following:
'(e) In cases where the owner or operator of any vehicle causing injury or damage is known and either or both are named as defendants in any action for such injury or damages but the person resides out ofthe state, has departed from the state, cannot after due diligence be found within the state, or conceals himself to avoid the service of summons, and this fact shall appear by affidavit to the satisfaction of the judge of the court, and it shall appear either by affidavit or by a verified complaint on file that a claim exists against the owner or driver in respect to whom service is to be made and that he is a necessary or proper party to the action, the judge may grant an order that the service be made on the owner or driver by the publication of summons. A copy of any action filed and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company issuing the policy were actually named as a party defendant. Subsection (d) of this Code section shall govern the rights of the insurance company, the duties ofthe clerk of court concerning duplicate original copies of the pleadings, and the return of service. Following service on the owner or driver by the publication of the summons as provided in this subsection and service as prescribed by law upon the insurance company issuing the po !icy, the plaintiff shall have a continuing duty to exercise diligence in attempting to locate the owner or driver against whom the claim exists, but such obligation of diligence shall not extend beyond a period of 12 months following service upon the owner or driver by publication of the summons. However, regardless of such time limitations, should the plaintiff learn of the location of the owner or driver against whom the claim exists, the plaintiff shall exercise due diligence to effect service ofprocess upon that owner or driver within a reasonable time period after receiving such information.'

SECTION 4. This Act shall become effective on July I, 2006; and Section 1 of this Act shall apply to all policies issued, delivered, or issued for delivery in this state on and after such date.

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

Approved May 3, 2006.

REVENUE- PROPERTY APPRAISAL AND ASSESSMENT; CONSERVAT10N USE; ASSESSORS.
No. 813 (House Bill No. 1502).
AN ACT
To amend Chapter 5 of Title 48 ofthe Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards oftax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding a new subsection at the end of Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, to be designated subsection (y), to read as follows:
'(y) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner s authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a bona fide conservation use property. The commissioner also may provide that advance notice be given to taxpayers of the intent of a board of tax assessors to deem a change in use as a breach of a covenant.'
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 48-5-290, relating to creation of county board of tax assessors, appointment and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

number of members, commission, and noneligibility of certain individuals, and inserting in its place a new subsection (c) to read as follows:
"(c) The order making an appointment to the county board of tax assessors shall be regularly entered upon the record of the superior court of the county. A certificate from the clerk of the superior court reciting the order and stating that the person appointed has taken the oath required by law shall constitute the commission of a member. No other commission shall be required. The clerk of the superior court shall transmit a copy of the certificate to the commissioner within five days of the date the oath is administered."

SECTION 3. Said chapter is further amended by striking Code Section 48-5-291, relating to qualifications for members, nonapplicability to certain members, and approved appraisals, and inserting in its place a new Code Section 48-5-291 to read as follows:
"48-5-291. (a) No individual shall serve as a member of the county board of tax assessors who:
( 1) Is less than 21 years of age; (2) Fails to make his residence within the county within six months after taking the oath of office as a member of the board; (3) Does not hold a high school diploma or its equivalent. An individual who has held an equivalent responsible position of employment for a period of five years shall not be required to meet the high school education requirement provided in this paragraph. The commissioner is authorized to specify by regulation the types of employment qualifying as equivalent responsible positions of employment under the terms of this paragraph; (4) Has not successfully completed 40 hours of training either prior to or within 180 days of appointment as provided in subsection (b) of this Code section; (5) Has not obtained and maintained a certificate issued by the commissioner; and (6) In addition to the training required in paragraph (4) of this Code section, does not successfully complete an additional 40 hours of approved appraisal courses as provided in subsection (b) of this Code section during each two calendar years of tenure as a member of the county board of tax assessors. (b) Approved appraisal courses shall be courses of instruction covering the basic principles of appraisal and assessing ofall classes and types ofproperty including instruction in the fundamentals of Georgia law covering the appraisal and assessing of property for ad valorem tax purposes as prescribed and designated by the commissioner. To ensure that the assessment functions are performed in a professional manner by competent assessors, meeting clearly specified professional qualifications, the commissioner shall develop and administer courses of instruction designed to qualify applicants or tax assessors under this Code section and to specify qualification requirements for certification. The

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commissioner may contract with any professional appraisal organization or firm or institution of higher education in this state to provide the necessary courses of instruction or any part of any such course. (c) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."

SECTION 4. Said chapter is further amended by striking Code Section 48-5-295, relating to terms of office, vacancies, and removal by county governing authority, and inserting in its place a new Code Section 48-5-29 5 to read as follows:
'48-5-295. (a) Each member of the county board of tax assessors appointed to such office on and after July I, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors a copy of the resolution setting the length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case ofa vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term ofoffice and shall possess the same qualifications required under this part for regular appointment to a full term of office.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (e) of Code Section 48-5-262. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 and no member whose removal is attempted based on this subsection may be removed by the county governing authority during such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal. (c) As used in subsection (b) ofthis Code section, the term 'failure to perform the duties' shall include a finding by the county governing authority that the member of the county board of tax assessors has shown a pattern ofdecisions in his or her capacity as such member that has provided substantially incorrect assessments or substantially inconsistent tax assessments between similar properties. (d) The provisions of subsection (b) of this Code section shall be a supplemental alternative to proceedings for removal under Code Section 48-5-296; and the existence of one remedy shall not bar the other."

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

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

Approved May 5, 2006.

LABOR- DEFINITION OF EMPLOYMENT UNDER EMPLOYMENT SECURITY LAW;
EXCLUDE DIRECT SELLERS.
No. 814 (Senate Bill No. 486).
AN ACT
To amend Code Section 34-8-35 of the Official Code ofGeorgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of employment; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, is amended in subsection (n) by striking "or" at the end of paragraph (16); by substituting"; or" for the period at the end of paragraph (17); and by adding a new paragraph (18) to read as follows:
'(18) Services performed by a direct seller, provided that: (A) Such individual: (i) Is engaged in the trade or business of selling or soliciting the sale of consumer products, including services or other intangibles, to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis for resale by the buyer or any other person in the home or otherwise than in a permanent retail establishment; or (ii) Is engaged in the trade or business of selling or soliciting the sale of consumer products, including services or other intangibles, in the home or otherwise than in a permanent retail establishment; (B) Substantially all the remuneration, whether or not paid in cash, for the performance of the services described in subparagraph (A) ofthis paragraph is directly related to sales or other output, including the performance of services, rather than to the number of hours worked; and (C) The services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee for federal and state tax purposes."

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

Approved May 5, 2006.

STATE GOVERNMENT- COLQUITT; GEORGIA'S FIRST MURAL CITY.
No. 815 (Senate Bill No. 484).
AN ACT
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to declare the City of Colquitt as Georgia s First Mural City; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WHEREAS, the mission of the Colquitt-Miller Arts Council, Inc., is to encourage, enrich, and stimulate the practice and appreciation of the arts among the people living in its geographic area; and

WHEREAS, the Colquitt Millennium Mural Project strives to beautify the downtown area with different styles of mural artwork and is presently at work on its tenth mural; and

WHEREAS, the project is intended to bond the community, create a tourism magnet, revitalize the local economy, and transfer values of the community to the next generation through the creation of public artworks; and

WHEREAS, the project strives to illustrate to local citizens and visitors the power of the arts as a catalyst for positive social and economic change; and

WHEREAS, the project will strive to develop a mural city program where other communities can learn how to implement high quality murals in their communities; and

WHEREAS, the project will strive to develop a Georgia Mural Trail to help educate visitors and market Georgia's murals.

SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by inserting at the end thereof a new Code section to read as follows:
'50-3-82. (a) The City of Colquitt is designated as Georgia"s First Mural City. (b) The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of Georgia" s First Mural City and to visit the State ofGeorgia for tourism purposes.'

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

Approved May 5, 2006.

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CORPORATIONS- UPDATE AND COMPREHENSIVE REVISION.

No. 817 (Senate Bill No. 469).

AN ACT

To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for reliefwith respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; to change certain provisions relating to court ordered indemnification and advancement for expenses; to confirm the authority of a court to order advancement of expenses before determining a director" s ultimate entitlement to indemnification; to provide statutory rules of construction for language frequently used in mandatory indemnification provisions; to change certain provisions relating to amendment to articles of incorporation by board of directors and shareholders; to repeal certain provisions relating to amendment to articles of incorporation pursuant to reorganization; to clarify existing law by expressly recognizing the possibility of different treatment of shareholders in a plan of merger of share exchange; to change certain provisions relating to merger; to change certain provisions relating to share exchange; to change certain provisions relating to action on plan of merger; to change certain provisions relating to merger with subsidiary; to change certain provisions relating to merger with other entities; to change certain provisions relating to election to become limited liability company; to streamline the process of permitting an entity to convert from one form into another; to allow entities organized in other states to convert to certain corporations or partnerships in this state; to change certain provisions relating to sale of assets requiring shareholder approval; to change certain provisions relating to right to dissent; to change provisions relating to dissolution by board of directors and shareholders; to change certain provisions relating to amended certificate of authority; to change certain provisions relating to corporate name of foreign corporation; to change certain provisions relating to election to become a limited partnership; to change certain provisions relating to certificate of authority for foreign limited partnerships; to change certain provisions relating to change of name or state of organization; to change certain provisions relating to amended certificate required for change of name or jurisdiction of organization; to change certain provisions relating to election to become a limited liability company; to add a filing fee for entity conversion; to change certain provisions relating to right to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

dissent; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by adding a new Code Section 14-2-104 to the end of Part 1 of Article 1 of Chapter 2, relating to short title and reservation of power, to read as follows:
"14-2-104. (a) Any corporation, an order for relief with respect to which has been entered pursuant to the federal Bankruptcy Code (11 U.S.C. Section 101, et seq.), may put into effect and carry out any decrees and orders of the court or judge in such bankruptcy proceeding and may take any corporate action provided or directed by such decrees and orders, without further action by its directors or shareholders. Such power and authority may be exercised, and such corporate action may be taken, as may be directed by such decrees and orders, by the trustee or trustees of such corporation appointed or elected in the bankruptcy proceeding, or a majority thereof, or, if none be appointed or elected and acting, by designated officers of the corporation, or by a representative appointed by the court or judge, with like effect as if exercised and taken by unanimous action of the directors and shareholders ofthe corporation. (b) Such corporation may, in the manner provided in subsection (a) of this Code section, but without limiting the generality or effect of the foregoing, alter, amend, or repeal its bylaws; constitute or reconstitute and classify or reclassify its board of directors, and name, constitute, or appoint directors and officers in place of or in addition to all or some of the directors or officers then in office; amend its articles of incorporation, and make any change in its shares, or any other amendment, change, or alteration, or provision, authorized by this chapter; be dissolved, transfer all or part of its assets, merge or effect any share exchange in connection with any action taken under this Code section; change the location of its registered office, change its registered agent, and remove or appoint any agent to receive service of process; authorize and fix the terms, manner, and conditions of, the issuance of bonds, debentures, or other obligations, regardless of whether convertible into shares of any class or series, or bearing warrants or other evidences of optional rights to purchase or subscribe for shares of any class or series; or lease its property and franchises to any corporation, if permitted by law. No shareholder shall have the right to dissent under Article 13 of this chapter with respect to such shareholder's shares in connection with any action taken under this Code section. (c) Articles or a certificate of any amendment, correction, merger, share exchange, or dissolution, made by such corporation pursuant to this Code section, shall be filed with the Secretary of State in accordance with Code Section 14-2-120, and, subject to Code Section 14-2-123 and subsection (c) of Code

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Section 14-2-124, shall thereupon become effective in accordance with its terms and the provisions thereof. Such articles, certificate, or other instrument shall be made, executed, and acknowledged, as may be directed by such decrees and orders, by the trustee or trustees appointed or elected in the bankruptcy proceeding, or a majority thereof, or, ifnone be appointed or elected and acting, by the officers of the corporation, or by a representative appointed by the court or judge, and shall certify that provision for the making of such articles, certificate, or instrument is contained in a decree or order of a court or judge having jurisdiction of a proceeding under the federal Bankruptcy Code. (d) This Code section shall cease to apply to such corporation upon the entry of a final decree in the bankruptcy proceeding closing the case and discharging the trustee or trustees, if any; provided, however, that the closing of a case and discharge of trustee or trustees, if any, will not affect the validity of any act previously performed pursuant to subsection (a), (b), or (c) of this Code section. (e) On filing any articles, certificate, report, or other paper made or executed pursuant to this Code section, there shall be paid to the Secretary of State for the use of the state the same fees as are payable by corporations not in bankruptcy upon the filing oflike articles, certificates, agreements, reports, or other papers."

SECTION 2. Said title is further amended by adding a new Code Section 14-2-305 to the end of Article 3 of Chapter 2, relating to purposes and powers of business corporations, to read as follows:
'14-2-305. Subject to the requirements set forth in paragraph (1) of subsection (b) of Code Section 14-2-1003, with respect to the submission of amendments to the articles of incorporation to shareholders; paragraph (1) of subsection (b) of Code Section 14-2-1103, with respect to the submission of a plan of merger or share exchange to shareholders; paragraph (1) of subsection (b) of Code Section 14-2-1202, with respect to the submission of a disposition of assets requiring shareholder approval to shareholders; and paragraph (1) of subsection (b) of Code Section 14-2-1402, with respect to the submission of a proposed dissolution to shareholders, a corporation may agree to submit a matter to a vote of its shareholders regardless of whether the board of directors determines at any time subsequent to adopting or approving such matter that such matter is no longer advisable and recommends that the shareholders reject or vote against the matter."

SECTION 3. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-401, relating to corporate name, and inserting in lieu thereof the following:
'(2) A corporate name reserved under Code Section 14-2-402;'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4. Said title is further amended by striking Code Section 14-2-854, relating to court ordered indemnification and advances for expenses, and inserting in lieu thereof the following:
"14-2-854. (a) A director who is a party to a proceeding because he or she is a director may apply for indemnification or advance for expenses to the court conducting the proceeding or to another court of competent jurisdiction. After receipt of an application and after giving any notice it considers necessary, the court shall:
(I) Order indemnification or advance for expenses if it determines that the director is entitled to indemnification or advance for expenses under this part; or (2) Order indemnification or advance for expenses if it determines, in view of all the relevant circumstances, that it is fair and reasonable to indemnify the director or to advance expenses to the director, even ifthe director has not met the relevant standard of conduct set forth in subsections (a) and (b) of Code Section 14-2-851, failed to comply with Code Section 14-2-853, or was adjudged liable in a proceeding referred to in paragraph ( 1) or (2) ofsubsection (d) of Code Section 14-2-851, but if the director was adjudged so liable, the indemnification shall be limited to reasonable expenses incurred in connection with the proceeding. (b) If the court determines that the director is entitled to indemnification or advance for expenses under paragraph (l) of subsection (a) of this Code section, it shall also order the corporation to pay the director's reasonable expenses to obtain court ordered indemnification or advance for expenses. If the court determines that the director is entitled to indemnification or advance for expenses under paragraph (2) of subsection (a) of this Code section, it may also order the corporation to pay the director's reasonable expenses to obtain court ordered indemnification or advance for expenses. (c) The court may summarily determine, without a jury, a corporation's obligation to advance expenses:

SECTION 5. Said title is further amended by striking Code Section 14-2-859, relating to application of part, and inserting in lieu thereof the following:

0 14-2-859. (a) A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such obligatory provision shall be deemed to satisfy the requirements for authorization referred to in subsection (c) of Code Section 14-2-853 or subsection (c) of Code Section 14-2-855.

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(b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the corporation, pertaining to conduct with respect to the predecessor, unless otherwise specifically provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors or shareholders, partners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of subsection (a) of Code Section 14-2-1106. (c) A corporation may, by a provision in its articles of incorporation, limit any of the rights to indemnification or advance for expenses created by or pursuant to this part. (d) This part shall not limit a corporation's power to pay or reimburse expenses incurred by a director or an officer in connection with his or her appearance as a witness in a proceeding at a time when he or she is not a party. (e) Except as expressly provided in Code Section 14-2-857, this part shall not limit a corporation's power to indemnify, advance expenses to, or provide or maintain insurance on behalf of an employee or agent. (f) Any provision in a corporation's articles of incorporation or bylaws or in a resolution adopted or contract approved by its board of directors or shareholders that obligates the corporation to provide indemnification to the fullest extent permitted by law shall, unless such provision or another provision in the corporation's articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders expressly provides otherwise, be deemed to obligate the corporation:
(1) To advance funds to pay for or reimburse expenses in accordance with Code Section 14-2-853 to the fullest extent permitted by law; and (2) To indemnify directors to the fullest extent permitted in Code Section 14-2-856, provided that such provision is duly authorized as required in subsection (a) of Code Section 14-2-856, and to indemnify officers to the fullest extent permitted in paragraph (2) of subsection (a) and subsection (b) of Code Section 14-2-857,0

SECTION 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 14-2-100 3, relating to amendment by board of directors and shareholders, and inserting in lieu thereof the following:
"(1) The board of directors shall also transmit to the shareholders a recommendation that the shareholders approve the amendment, unless the board of directors makes a determination that, because of conflicts of interest or other special circumstances, it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against the amendment, in which case the board of directors shall transmit to the shareholders the basis for such determination; and"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 7. Said title is further amended by striking Code Section 14-2-1008, relating to amendment pursuant to reorganization, and inserting in lieu thereof the following:
.14-2-1008. Reserved:

SECTION 8. Said title is further amended by striking Code Section 14-2-1101, relating to merger, and inserting in lieu thereof the following:
'14-2-1101. (a) One or more corporations may merge into another corporation if the board of directors of each corporation adopts and its shareholders (if required by Code Section 14-2-11 03) approve a plan of merger. (b) The plan of merger must set forth:
(1) The name of each corporation planning to merge and the name of the surviving corporation into which each other corporation plans to merge; (2) The terms and conditions of the merger; and (3) The manner and basis of converting the shares of each corporation into shares or other securities, obligations, rights to acquire shares or other securities, cash, other property, or any combination of the foregoing, and if any shares of any holder of a class or series of shares are to be converted in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to each such holder. (c) The plan of merger may set forth: ( 1) Amendments to the articles of incorporation ofthe surviving corporation; (2) A provision that the plan may be amended prior to the time the merger has become effective, but if shareholders of a corporation that is a party to the merger are required or permitted to vote on the plan, subsequent to approval of the plan by such shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan:
(A) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be received under the plan by the shareholders of any party to the merger if such change would adversely affect such shareholders; (B) The articles of incorporation of any corporation that will survive as a result of the merger, except for changes permitted by Code Section 14-2-1002 or changes that would not adversely affect such shareholders; or (C) Any of the other terms or conditions ofthe plan if such change would adversely affect such shareholders in any material respect; and in the event that the plan of merger is amended after articles or a certificate of merger has been filed with the Secretary of State but before the merger has become effective, a certificate of amendment of merger executed on behalf of each party to the merger by an officer or other duly authorized representative

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shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger; and (3) Other provisions relating to the merger. (d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation:

SECTION 9. Said title is further amended by striking Code Section 14-2-1102, relating to share exchange, and inserting in lieu thereof the following:
'14-2-1102. (a) A corporation may acquire all of the outstanding shares of one or more classes or series of another corporation through a share exchange if the board of directors of each corporation adopts and its shareholders (if required by Code Section 14-2-1103) approve the share exchange. (b) The plan of share exchange must set forth:
( l) The name of the corporation whose shares will be acquired and the name of the acquiring corporation; (2) The terms and conditions of the share exchange; and (3) The manner and basis of exchanging the shares to be acquired for shares or other securities, obligations, rights to acquire shares or other securities, cash, other property, or any combination of the foregoing, and if any shares of any holder of a class or series of shares are to be exchanged in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to each such holder. (c) The plan of share exchange may set forth other provisions relating to the share exchange, including a provision that the plan may be amended prior to the time the share exchange has become effective, but if shareholders of a corporation that is a party to the share exchange are required or permitted to vote on the plan, subsequent to approval of the plan by such shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan: ( l) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be issued by the corporation or to be received under the plan by the shareholders of any party to the share exchange if such change would adversely affect such shareholders; or (2) Any of the other terms or conditions of the plan if such change would adversely affect such shareholders in any material respect; and in the event that the plan of share exchange is amended after articles or a certificate of share exchange has been filed with the Secretary of State but before the share exchange has become effective, a certificate of amendment of

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share exchange executed on behalf of each party to the share exchange by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the share exchange. (d) Any of the terms ofthe plan of share exchange may be made dependent upon facts ascertainable outside of the plan of share exchange, provided that the manner in which such facts shall operate upon the terms of the share exchange is clearly and expressly set forth in the plan of share exchange. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (e) This Code section does not limit the power of a corporation to acquire all or part ofthe shares ofone or more classes or series of another corporation through a voluntary exchange of shares or otherwise."

SECTION 10. Said title is further amended by striking paragraph (I) of subsection (b) of Code Section 14-2-1103, relating to action on plan, and inserting in lieu thereof the following:
"(I) The board of directors shall also transmit to the shareholders a recommendation that the shareholders approve the plan, unless the board of directors makes a determination that, because of conflicts of interest or other special circumstances, it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against the plan, in which case the board of directors shall transmit to the shareholders the basis for such determination; and"

SECTION 11. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-1104, relating to merger with subsidiary, and inserting in lieu thereof the following:
"(2) The manner and basis of converting the shares of the parent or subsidiary into shares or other securities, obligations, rights to acquire shares or other securities, cash, other property, or any combination thereof, and if any shares of any holder of a class or series of shares are to be converted in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to such holder."

SECTION 12. Said title is further amended by striking subsection (d) of Code Section 14-2-1109, relating to merger with other entities, and inserting in lieu thereof the following:

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"(d) The plan of merger: (1) Must set forth: (A) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each other corporation and entity plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each of the entities into shares or other securities, obligations, rights to acquire shares or other securities, cash, other property, or any combination of the foregoing, and if any shares of any holder of a class or series of shares are to be converted in a manner or basis different from any other holder of shares of such class or series, the manner or basis applicable to each such holder; and (2) May set forth: (A) Amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; (B) A provision that the plan may be amended prior to the time the merger has become effective, but if shareholders of a domestic corporation that is a party to the merger or shareholders, partners, or members of a domestic entity that is a party to the merger are required or permitted to vote on the plan, subsequent to approval of the plan by such shareholders, partners, or members the plan may not be amended to change in any respect not expressly authorized by such approving shareholders, partners, or members in connection with the approval of the plan: (i) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be received under the plan by the shareholders, partners, or members of any party to the merger if such change would adversely affect such approving shareholders, partners, or members; (ii) The articles or certificate of incorporation of any domestic or foreign corporation, or the governing agreements of any other entity, that will survive or be created as a result of the merger, except for changes permitted by Code Section 14-2-1002 or by comparable provisions of the law of the state or jurisdiction under which any such other entity was organized or changes that would not adversely affect such approving shareholders, partners, or members; or (iii) Any ofthe other terms or conditions of the plan if such change would adversely affect such approving shareholders, partners, or members in any material respect; and in the event that the plan of merger is amended after articles or a certificate of merger has been filed with the Secretary of State but before the merger has become effective, a certificate of amendment of merger executed on behalf of each party to the merger by an officer or other duly authorized

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representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger; and (C) Other provisions relating to the merger.'

SECTION 13. Said title is further amended by striking Code Section 14-2-1109.1, relating to election to become a limited liability company, and inserting in lieu thereof the following:
8 14-2-1109.1. (a) As used in this Code section, the term:
(1) 'Limited liability company' means any limited liability company formed under Chapter 11 of this title. (2) 'Limited partnership' means any limited partnership formed under Chapter 9 of this title. (b) Pursuant to Code Section 14-11-212 or 14-9-206.2 and this Code section, a corporation may elect to become a limited liability company or limited partnership if the board of directors adopts and its shareholders approve a plan of conversion. (c) The plan of conversion must set forth: (1) The name of the limited liability company or limited partnership to be formed pursuant to such election; (2) The manner and basis of converting the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election or interests as partners of the limited partnership to be formed pursuant to such election or a statement that such information is contained in the written operating agreement proposed for such limited liability company or the written limited partnership agreement proposed for such limited partnership; (3) The effective date and time of such election, iflater than the date and time the certificate of conversion is filed; (4) The contents of the articles of organization that shall be the articles of organization of the limited liability company to be formed pursuant to such election unless and until modified in accordance with the provisions of Chapter 11 of this title or the contents of the certificate of limited partnership that shall be the certificate of limited partnership of the limited partnership to be formed pursuant to such election unless and until modified in accordance with the provisions of Chapter 9 of this title; and
(5)(A) The contents of the written operating agreement to be entered into among the persons who will be the members of the limited liability company to be formed pursuant to such election, which shall, if not separately provided in the plan of election, state:
(i) The manner and basis for the conversion of the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election; and

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(ii) That approval of the election will be deemed to be execution of the operating agreement by such persons; or (B) The contents of the written limited partnership agreement to be entered into among the persons who will be the partners of the limited partnership to be formed pursuant to such election, which shall, if not separately provided in the plan of conversion, state: (i) The manner and basis for the conversion of the shares of such corporation into interests as partners of the limited partnership to be formed pursuant to such conversion; and (ii) That approval of the election will be deemed to be execution of the limited partnership agreement by such persons. (d) For a plan of conversion to become a limited liability company or limited partnership to be approved: ( 1) The board of directors shall submit the plan of conversion approved by the shareholders and shall recommend the plan of conversion to the shareholders in the same manner and subject to the same exceptions as provided in paragraph ( 1) ofsubsection (b) of Code Section 14-2-1103, and may condition its submission and provide notice to each shareholder entitled to vote in the same manner as provided in subsections (c) and (d) of Code Section 14-2-1103; and (2) All of the shareholders must approve the plan of conversion. (e) The plan of conversion may set forth other provisions relating to the conversion, including a provision that the plan may be amended prior to the time that the conversion has become effective, but subsequent to approval of the plan by shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan: ( 1) The amount or kind of interests, shares or other securities, obligations, or rights to acquire interests, shares or other securities to be received under the plan by the shareholders if the change would adversely affect such shareholders; or (2) Any of the other terms or conditions of the plan if the change would adversely affect such shareholders in any material respect; and in the event that the plan of conversion is amended after a certificate of conversion has been filed with the Secretary of State but before the conversion has become effective, a certificate of amendment of conversion executed by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the conversion. (f) Any of the terms of the plan of conversion may be made dependent upon facts ascertainable outside ofthe plan of conversion, provided that the manner in which such facts shall operate upon the terms of the conversion is clearly and expressly set forth in the plan of conversion. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation.

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(g) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, without further shareholder action, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner determined by the board of directors. (h) After a plan of conversion is approved by the shareholders, the corporation shall deliver to the Secretary of State for filing a certificate of conversion complying with subsection (b) of Code Section 14-11-212 or subsection (b) of Code Section 14-9-206.2, as applicable.'

SECTION 14. Said title is further amended by adding two new Code sections to the end of Part 1 of Article 11 of Chapter 2, relating to merger and share exchange, to read as follows:
"14-2-1109.2. (a) A foreign corporation, domestic limited partnership, foreign limited partnership, domestic general partnership, foreign general partnership, domestic limited liability company, or foreign limited liability company may elect to become a corporation. Such election shall require the approval of all of the electing entity's partners, members, or shareholders, or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election. (b) Such election shall be made by delivering a certificate of conversion to the Secretary of State for filing. The certificate shall set forth:
( 1) The name and jurisdiction of organization of the entity making the election; (2) That the entity elects to become a corporation; (3) The effective date, or the effective date and time, of such conversion if later than the date and time the certificate of conversion is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of conversion are articles of incorporation that are in the form required by Code Section 14-2-202, setting forth a name for the corporation that satisfies the requirements of Code Section 14-2-401, and stating that such articles of incorporation shall be the articles of incorporation of the corporation formed pursuant to such election unless and until modified in accordance with this chapter; and (6) If not provided for in the articles of incorporation required by paragraph (5) of this subsection, a statement setting forth the manner and basis for converting the ownership interests in the entity making the election into shares of the corporation formed pursuant to such election. (c) Upon the election becoming effective: ( 1) The electing entity shall become a corporation formed under this chapter by such election, except that the existence of the corporation so formed shall

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be deemed to have commenced on the date the entity making the election commenced its existence in the jurisdiction in which such entity was first created, formed, incorporated, or otherwise came into being; (2) The ownership interests in the entity making the conversion shall be converted on the basis stated or referred to in the certificate of conversion in accordance with paragraph (6) of subsection (b) of this Code section; (3) The articles of incorporation filed with the certificate of conversion shall be the articles of incorporation of the corporation formed pursuant to such election unless and until amended in accordance with this chapter; (4) The governing documents of the entity making the election shall be of no further force or effect; (5) The corporation formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the entity making the election; all property, real, personal, and mixed, all contract rights, and all debts due to such entity, as well as all other choses in action, and each and every other interest of or belonging to or due to the entity making the election shall be taken and deemed to be vested in the corporation formed by such election without further act or deed; the title to any real estate, or any interest therein, vested in the entity making the election shall not revert or be in any way impaired by reason of such election; and none of such items shall be deemed to have been conveyed, transferred, or assigned by reason of such election for any purpose; and (6) The corporation formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the entity making the election, and any claim existing or action or proceeding pending by or against such entity may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the entity making such election shall be impaired by such election. (d) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the entity making the election and shall constitute a continuation of the existence of the entity making the election in the form of a corporation. A corporation formed by an election pursuant to this Code section shall for all purposes be deemed to be the same entity as the entity making such election. (e) A corporation formed by an election pursuant to this Code section may file a copy of such certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such corporation is located and record such certified copy of the certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a corporation indexed as the grantor and the corporation indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such election.

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14-2-1109.3. (a) A corporation may elect to become a foreign limited liability company, a foreign limited partnership, or a foreign corporation, if such a conversion is permitted by the law of the state or jurisdiction under whose law the resulting entity would be formed. (b) To effect a conversion under this Code section, the corporation must adopt a plan of conversion that sets forth the manner and basis of converting the shares of the corporation into interests, shares, obligations, or other securities, as the case may be, of the resulting entity. The plan of conversion may set forth other provisions relating to the conversion. (c) For the plan of conversion to be adopted:
( 1) The board of directors shall submit the plan of conversion for approval by the shareholders and shall recommend the plan of conversion to the shareholders in the same manner and subject to the same exceptions as provided in paragraph (1) of subsection (b) of Code Section 14-2-1103, and may condition its submission and provide notice to each shareholder entitled to vote in the same manner as provided in subsections (c) and (d) of Code Section 14-2-1103; and (2) All of the shareholders must approve the plan of conversion. (d) The plan of conversion may set forth other provisions relating to the conversion, including a provision that the plan may be amended prior to the time that the conversion has become effective, but subsequent to approval of the plan by shareholders the plan may not be amended to change in any respect not expressly authorized by such shareholders in connection with the approval of the plan: (1) The amount or kind of interests, shares or other securities, obligations, or rights to acquire interests, shares or other securities to be received under the plan by the shareholders if the change would adversely affect such shareholders; or (2) Any of the other terms or conditions of the plan if the change would adversely affect such shareholders in any material respect; and in the event that the plan of conversion is amended after a certificate of conversion has been filed with the Secretary of State but before the conversion has become effective, a certificate of amendment of conversion executed by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the conversion. (e) Any of the terms of the plan of conversion may be made dependent upon facts ascertainable outside of the plan of conversion, provided that the manner in which such facts shall operate upon the terms of the conversion is clearly and expressly set forth in the plan of conversion. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, without

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further shareholder action, in accordance with the procedure set forth in the plan of conversion or, if none is set forth, in the manner determined by the board of directors. (g) The conversion shall be effected as provided in, and shall have the effects provided by, the law of the state or jurisdiction under whose law the resulting entity is formed and by the plan of conversion, to the extent not inconsistent with such law. (h) If the resulting entity is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, foreign limited partnerships, or foreign limited liability companies, it shall do so pursuant to Code Section 14-2-150 I, 14-9-902, or 14-11-705.'

SECTION 15. Said title is further amended by striking paragraph ( 1) of subsection (b) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereof the following:
"( 1) The board of directors shall also transmit to the shareholders a recommendation that the shareholders approve the proposed disposition, unless the board of directors makes a determination that, because of conflicts of interest or other special circumstances, it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against the plan, in which case the board of directors shall transmit to the shareholders the basis for such determination; and"

SECTION 16. Said title is further amended by striking subsection (c) of Code Section 14-2-1302, relating to right to dissent, and inserting in lieu thereof the following:
'(c) Notwithstanding any other provision of this article, there shall be no right of dissent in favor of the holder of shares of any class or series which, at the record date fixed to determine the shareholders entitled to receive notice of and to vote at a meeting at which a plan of merger or share exchange or a sale or exchange of property or an amendment of the articles of incorporation is to be acted on, were either listed on a national securities exchange or held of record by more than 2,000 shareholders, unless:
( 1) In the case of a plan of merger or share exchange, any holders of shares of the class or series are required under the plan of merger or share exchange to accept for their shares:
(A) Anything except shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders, except for scrip or cash payments in lieu of fractional shares; or (B) Any shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held ofrecord by more than

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2,000 shareholders that are different, in type or exchange ratio per share, from the shares to be provided or offered to any other holder of shares of the same class or series of shares in exchange for such shares; or (2) The articles of incorporation or a resolution of the board of directors approving the transaction provides otherwise."

SECTION 17. Said title is further amended by striking subsection (b) of Code Section 14-2-1402, relating to dissolution by board of directors and shareholders, and inserting in lieu thereof the following:
"(1) The board of directors shall also transmit to the shareholders a recommendation that the shareholders approve the proposed dissolution, unless the board of directors makes the recommendation that because of conflicts of interest or other special circumstances, it should either refrain from making such a recommendation or recommend that the shareholders reject or vote against dissolution, in which case the board of directors shall transmit to the shareholders the basis for such determination; and"

SECTION 18. Said title is further amended by striking Code Section 14-2-1504, relating to amended certificate of authority, and inserting in lieu thereof the following:
"14-2-1504. (a) A foreign corporation authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes:
( 1) Its corporate name; (2) The period of its duration; or (3) The state or country of its incorporation. (b) The requirements of Code Section 14-2-1503 for obtaining an original certificate of authority apply to obtaining an amended certificate under this Code section. (c) If a foreign corporation authorized to transact business in this state converts into a foreign limited liability company: ( 1) The foreign corporation shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited liability company that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign corporation under this article shall constitute a certificate of authority issued under Code Section 14-11-704 to the foreign limited liability company resulting from the conversion effective as of the date of the conversion.

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The Secretary of State shall adjust its records accordingly. (d) If a foreign corporation authorized to transact business in this state converts into a foreign limited partnership:
(I) The foreign corporation shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited partnership that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign corporation under this part shall constitute a certificate of authority issued under Code Section 14-9-903 to the foreign limited partnership resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly."

SECTION 19. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 14-2-1506, relating to corporate name of a foreign corporation, and inserting in lieu thereof the following:
'(2) A corporate name reserved under Code Section 14-2-402;"

SECTION 20. Said title is further amended by striking Code Section 14-9-206.2, relating to election to become a limited partnership, and inserting in lieu thereof the following:
'14-9-206.2. (a) A corporation, foreign corporation, limited liability company, foreign limited liability company, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited partnership. Such election shall require:
(I) Compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation; or (2) Approval of all of its partners, members, or shareholders, or such other approval as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election, in the case of a foreign corporation, limited liability company, foreign limited liability company, foreign limited partnership, general partnership, or foreign general partnership. (b) Such election is made by delivery of a certificate of conversion to the Secretary of State for filing. The certificate shall set forth: ( 1) The name and jurisdiction of organization of the entity making the election; (2) That the entity elects to become a limited partnership;

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(3) The effective date and timeof such election if later than the date and time the certificate of conversion is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of conversion is a certificate of limited partnership that is in the form required by Code Section 14-9-201, that sets forth a name for the limited partnership that satisfies the requirements of Code Section 14-9-102, and that shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until modified in accordance with this chapter; and (6) A statement setting forth either:
(A) The manner and basis for converting the ownership interests in the entity making the election into interests as partners ofthe limited partnership formed pursuant to such election; or
(B)(i) That a written limited partnership agreement has been entered into among the persons who will be the partners of the limited partnership formed pursuant to such election; (ii) That such limited partnership agreement will be effective immediately upon the effectiveness of such election; and (iii) That such limited partnership agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective the: (1) Electing entity shall become a limited partnership formed under this chapter by such election except that the existence of the limited partnership so formed shall be deemed to have commenced on the date the entity making the election commenced its existence in the jurisdiction in which such entity was first created, formed, incorporated, or otherwise came into being; (2) Ownership interests in the entity making the election shall be converted on the basis stated or referred to in the certificate ofconversion in accordance with paragraph (6) of subsection (b) of this Code section; (3) Certificate of limited partnership filed with the certificate of conversion shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until amended in accordance with this chapter; (4) Governing documents of the entity making the election shall be of no further force or effect; (5) Limited partnership formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the entity making the election; all property, real, personal, and mixed, all contract rights, and all debts due to such entity, as well as all other choses in action, and each and every other interest of, belonging to, or due to the entity making the election shall be taken and deemed to be vested in the limited partnership formed by such election without further act or deed; the title to any real estate, or any interest in real estate, vested in the entity making the election shall not revert or be in any way impaired by reason of such election; and none of such

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items shall be deemed to have been conveyed, transferred, or assigned by reason of such election for any purpose; and (6) Limited partnership formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the entity making the election, and any claim existing or action or proceeding pending by or against such entity may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the entity making such election shall be impaired by such election. (d) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the entity making the election and shall constitute a continuation of the existence of the entity making the election in the form of a limited partnership. A limited partnership formed by an election pursuant to this Code section shall for all purposes be deemed to be the same entity as the entity making such election. (e) A limited partnership formed by the election pursuant to this Code section may file a copy of such certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court ofthe county where any real property owned by such limited partnership is located and record such certified copy of the certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited partnership indexed as the grantor and the limited partnership indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such election. (f) The Secretary of State shall be authorized to promulgate such rules and charge such filing fees as are necessary to carry out the purpose of this Code section."

SECTION 21. Said title is further amended by adding a new Code Section 14-9-206.8 to the end of Article 2 of Chapter 9, relating to formation, amendment, cancellation, and merger, to read as follows:
'14-9-206.8. (a) A limited partnership may elect to become a foreign limited liability company, a foreign limited partnership, or a foreign corporation, if such a conversion is permitted by the law of the state or jurisdiction under whose law the resulting entity would be formed. (b) To effect a conversion under this Code section, the limited partnership must adopt a plan of conversion that sets forth the manner and basis of converting the interests of the partners of the limited partnership into interests, shares, obligations, or other securities, as the case may be, of the resulting entity. The plan of conversion may set forth other provisions relating to the conversion. (c) The limited partnership shall have the plan of conversion authorized and approved by the unanimous consent ofthe partners, unless the limited partnership agreement of such limited partnership provides otherwise.

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(d) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, in accordance with the procedure set forth in the plan ofconversion or, if none is set forth, by the unanimous consent of the partners ofthe limited partnership, unless the limited partnership agreement ofsuch limited partnership provides otherwise. (e) The conversion shall be effected as provided in, and shall have the effects provided by, the law of the state or jurisdiction under whose law the resulting entity is formed and by the plan of conversion, to the extent not inconsistent with such law. (f) If the resulting entity is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, foreign limited partnerships, or foreign limited liability companies, it shall do so.n

SECTION 22. Said title is further amended by striking the introductory language of Code Section 14-9-902, relating to the certificate of authority for foreign limited partnerships, and inserting in lieu thereof the following:
n(a) A foreign limited partnership transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited partnership shall submit to the Secretary of State an application for a certificate of authority as a foreign limited partnership, signed by a general partner setting
forth:"

SECTION 23. Said title is further amended by striking Code Section 14-9-905, relating to change of name or state of an organization, and inserting in lieu thereof the following:
0 14-9-905. (a) A foreign limited partnership authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes its name or its state of organization. The requirements of Code Sections 14-9-902 and 14-9-903 for obtaining an original certificate of authority shall apply to obtaining an amended certificate under this Code section. (b) If a foreign limited partnership authorized to transact business in this state converts into a foreign limited liability company:
( 1) The foreign limited partnership shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited liability company that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:

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(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited partnership under this article shall constitute a certificate of authority issued under Code Section 14-11-704 to the foreign limited liability company resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly. (c) If a foreign limited partnership authorized to transact business in this state converts into a foreign corporation: ( 1) The foreign limited partnership shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign corporation that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given: (A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited partnership under this article shall constitute a certificate of authority issued under Code Sections 14-2-1501 and 14-2-1503 to the foreign corporation resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly.'

SECTION 24. Said title is further amended by striking Code Section 14-11-212, relating to election to become a limited liability company, and inserting in lieu thereof the following:
'14-11-212. (a) A corporation, foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited liability company. Such election shall require (1) compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation, or (2) the approval of all of its partners, members or shareholders (or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election) in the case of a foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, or foreign general partnership. (b) Such election is made by delivering a certificate of conversion to the Secretary of State for filing. The certificate shall set forth:
( 1) The name and jurisdiction of organization of the entity making the election; (2) That the entity elects to become a limited liability company; (3) The effective date, or the effective date and time, of such election if later than the date and time the certificate of conversion is filed;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of conversion are articles of organization that are in the form required by Code Section 14-11-204, that set forth a name for the limited liability company that satisfies the requirements of Code Section 14-11-207, and that shall be the articles of organization of the limited liability company formed pursuant to such election unless and until modified in accordance with this chapter; and (6) A statement setting forth either (A) the manner and basis for converting the ownership interests in the entity making the election into interests as members ofthe limited liability company formed pursuant to such election, or(B) (i) that a written operating agreement has been entered into among the persons who will be the members of the limited liability company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective: ( 1) The electing entity shall become a limited liability company formed under this chapter by such election except that the existence of the limited liability company so formed shall be deemed to have commenced on the date the entity making the election commenced its existence in the jurisdiction in which such entity was first created, formed, incorporated, or otherwise came into being; (2) The ownership interests in the entity making the election shall be converted on the basis stated or referred to in the certificate of conversion in accordance with paragraph (6) of subsection (b) of this Code section; (3) The articles oforganization filed with the certificate of conversion shall be the articles oforganization of the limited liability company formed pursuant to such election unless and until amended in accordance with this chapter; (4) The governing documents of the entity making the election shall be of no further force or effect; (5) The limited liability company formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the entity making the election; all property, real, personal, and mixed, all contract rights, and all debts due to such entity, as well as all other choses in action, and each and every other interest of or belonging to or due to the entity making the election shall be taken and deemed to be vested in the limited liability company formed by such election without further act or deed; and the title to any real estate, or any interest therein, vested in the entity making the election shall not revert or be in any way impaired by reason of such election; and none of such items shall be deemed to have been conveyed, transferred, or assigned by reason of such election for any purpose; and (6) The limited liability company formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the entity making the election, and any claim existing or action or proceeding pending by or against such entity may be prosecuted as ifsuch election had not

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become effective. Neither the rights of creditors nor any liens upon the property of the entity making such election shall be impaired by such election. (d) A conversion pursuant to this Code section shall not be deemed to constitute a dissolution of the entity making the election and shall constitute a continuation of the existence of the entity making the election in the form of a limited liability company. A limited liability company formed by an election pursuant to this Code section shall for all purposes be deemed to be the same entity as the entity making such election. (e) A limited liability company formed by an election pursuant to this Code section may file a copy of such certificate of conversion, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited liability company is located and record such certified copy of the certificate of conversion in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited liability company indexed as the grantor and the limited liability company indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to recordation of such election:

SECTION 25. Said title is further amended by striking Code Section 14-11-706, relating to amended certificate required for change ofname orjurisdiction of organization, and inserting in lieu thereof the following:
'14-11-706. (a) A foreign limited liability company authorized to transact business in this state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sections 14-11-702 and 14-11-704 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section. (b) If a foreign limited liability company authorized to transact business in this state converts into a foreign limited partnership:
(1) The foreign limited liability company shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign limited partnership that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited liability company under this article shall constitute a certificate of authority issued under Code Section 14-11-903 to the foreign limited partnership resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) If a foreign limited liability company authorized to transact business in this state converts into a foreign corporation:
(1) The foreign limited liability company shall notify the Secretary of State that such conversion has occurred no later than 30 days after the conversion, using such form as the Secretary of State shall specify, which form may require such information and statements as may be required to be submitted by a foreign corporation that applies for a certificate of authority to transact business in this state; and (2) If such notice is timely given:
(A) The authorization of such entity to transact business in this state shall continue without interruption; and (B) The certificate of authority issued to such foreign limited liability company under this article shall constitute a certificate of authority issued under Code Section 14-2-1501 to the foreign corporation resulting from the conversion effective as of the date of the conversion. The Secretary of State shall adjust its records accordingly."

SECTION 26. Said title is further amended by adding a new Code Section 14-11-906 to the end of Article 9 of Chapter 11, relating to merger, to read as follows:
"14-11-906. (a) A limited liability company may elect to become a foreign limited liability company, a foreign limited partnership, or a foreign corporation, if such a conversion is permitted by the law of the state or jurisdiction under whose law the resulting entity would be formed. (b) To effect a conversion under this Code section, the limited liability company must adopt a plan of conversion that sets forth the manner and basis of converting the interests of the members of the limited liability company into interests, shares, obligations, or other securities, as the case may be, of the resulting entity. The plan ofconversion may set forth other provisions relating to the conversion. (c) The limited liability company shall have the plan of conversion authorized and approved by the unanimous consent of the members, unless the articles of organization or a written operating agreement of such limited liability company provides otherwise. (d) After a conversion is authorized, unless the plan of conversion provides otherwise, and at any time before the conversion has become effective, the planned conversion may be abandoned, subject to any contractual rights, in accordance with the procedure set forth in the plan ofconversion or, if none is set forth, by the unanimous consent ofthe members of the limited liability company, unless the articles of organization or a written operating agreement of such limited liability company provides otherwise. (e) The conversion shall be effected as provided in, and shall have the effects provided by, the law of the state or jurisdiction under whose law the resulting entity is formed and by the plan of conversion, to the extent not inconsistent with such law.

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(f) If the resulting entity is required to obtain a certificate of authority to transact business in this state by the provisions of this title governing foreign corporations, foreign limited partnerships, or foreign limited liability companies, it shall do so.'

SECTION 27. Said title is further amended by adding a new paragraph (16) to subsection (a) of Code Section 14-11-1101, relating to filing fees and penalties, to read as follows:
"(16) All foreign entity conversions 000000000000000000o 00000 95000"

SECTION 28. Said title is further amended by striking subsection (a) of Code Section 14-11-1002, relating to right to dissent, and inserting in lieu thereof the following:
"(a) Unless otherwise provided by the articles of organization or a written operating agreement, a record member of the limited liability company is entitled to dissent from, and obtain payment of the fair value of his or her membership interest in the event of, any of the following actions:
( 1) Consummation of a plan of merger to which the limited liability company is a party if approval of less than all of the members of the limited liability company is required for the merger by the articles of organization or a written operating agreement and the member is entitled to vote on the merger; (2) Consummation of a plan of conversion pursuant to Code Section 14-2-110902 or 14-11-906; (3) Consummation of a sale, lease, exchange, or other disposition of all or substantially all of the property of the limited liability company if approval of less than all of the members is required by the articles of organization or a written operating agreement and the member is entitled to vote on the sale, lease, exchange, or other disposition, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the members within one year after the date of sale; (4) An amendment ofthe articles oforganization that materially and adversely affects rights in respect of a dissenter's membership interest in the limited liability company because it:
(A) Alters or abolishes a preferential right of the member's interest; (B) Creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the membership interest; (C) Alters or abolishes a preemptive right of the holder of the membership interest to acquire additional interest or other securities; (D) Excludes or limits the right of the member to vote on any matter, other than a limitation by dilution through additional member contributions or other securities with similar voting rights; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(E) Cancels, redeems, or repurchases all or part of the membership interest of the class; or (5) Any limited liability company action taken pursuant to a member vote to the extent that the articles of organization or a written operating agreement provides that voting or nonvoting members are entitled to dissent and obtain payment for their membership interests."

SECTION 29. All laws and parts of laws in conflict with this Act are repealed.

Approved May 5, 2006.

STATE GOVERNMENT; SETOFF DEBT COLLECTION; LOTTERY PRIZES; DELINQUENT CHILD SUPPORT.
No. 818 (Senate Bill No. 419).
AN ACT
To amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to change certain provisions relating to said article; to provide for applicability and 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, is amended by striking Code Section 50-2 7-5 5, relating to applicability of article to prizes of $5,000.00 or more, and inserting in its place a new Code Section 50-27-55 to read as follows:
'50-27-55. The provisions of this article shall only apply to prizes of $5,000.00 or more and shall not apply to any retailers authorized by the board to pay prizes of up to $5,000.00 after deducting the price of the ticket or share; excepting that a claim for delinquent child support filed by the Child Support Enforcement Agency of the Department of Human Resources shall apply to all prizes of $2,500.00 or more."

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SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to prizes awarded on or after that date.

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

Approved May 5, 2006 .

.EDUCATION; COMPULSORY SCHOOL ATTENDANCE; SCHOOL SPONSORED CLUBS AND EXTRACURRICULAR ACTIVITIES; SCHOOL BUS PICKUP SCHEDULES.
No. 819 (Senate Bill No. 413).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education; to amend Subpart 2 of Part 1 of Article 16 ofChapter 2 of Title 20 ofthe Official Code ofGeorgia Annotated, the compulsory school attendance law, so as to clarifY certain provisions relating to mandatory education; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to amend Part 1 of Article 16 of Chapter 2 ofTitle 20 ofthe Official Code ofGeorgia Annotated, relating to school attendance, so as to provide for information regarding school sponsored clubs and extracurricular activities to be included in student codes of conduct; to provide an opportunity for parents and legal guardians to decline permission for participation; to provide that student codes of conduct encourage parents and guardians to inform their children of the consequences of certain conduct; to provide for acknowledgment of receipt of student codes of conduct; to amend Part 5 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for school bus pickup schedules; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, is amended by striking Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, and inserting in lieu thereof the following:
"20-2-690.1. (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. (b) Every parent, guardian, or other person residing within this state having control or charge of any child or children during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge

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of a child offive unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September I shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. (d) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. (e) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January I, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences ofwithdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the

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student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian.n

SECTION 2. Said subpart is further amended by striking Code Section 20-2-691, relating to minimum annual attendance required, and inserting in its place the following:
'20-2-691. The minimum session of annual school attendance required under this subpart shall be for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has successfully completed all requirements for a high school diploma.n

SECTION 3. Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions to compulsory attendance, and inserting in its place the following:
'20-2-693. (a) Children during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at pub lie school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpare

SECTION 3.1. Part 5 of Article 22 of Chapter 2 of Title 20, relating to school buses, is amended by striking Code Section 20-2-1127, relating to a schedule of school bus routes, in its entirety and inserting in place thereof the following:
8 20-2-1127. Reserved.n

SECTION 4. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, is amended by inserting a new subpart to be designated Subpart 2A to read as follows:

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subpart 2A 20-2-705. (a) As used in this Code section, the term:
(1) 'Clubs and organizations' means clubs and organizations comprised of students who wish to organize and meet for common goals, objectives, or purposes and which is directly under the sponsorship, direction, and control of the school. This term shall include any activities reasonably related to such clubs and organizations, but shall not include competitive interscholastic activities or events. (2) 'Competitive interscholastic activity' means functions held under the auspices or sponsorship of a school that involves its students in competition between individuals or groups representing two or more schools. This term shall include cheerleading, band, and chorus. (b) Each local board of education shall include in the student code of conduct distributed annually at the beginning of each school year pursuant to Code Section 20-2-736 information regarding school clubs and organizations. Such information shall include without limitation the name of the club or organization, mission or purpose of the club or organization, name of the club's or organization's faculty advisor, and a description ofpast or planned activities. On the form included in the student code of conduct, as required in Code Section 20-2-751.5, the local board of education shall provide an area for a parent or legal guardian to decline permission for his or her student to participate in a club or organization designated by him or her. (c) For clubs or organizations started during the school year, the local board of education shall require written permission from a parent or guardian prior to a student's participation:

SECTION 5. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students, is amended in Code Section 20-2-735, relating to adoption of policies by local boards to improve student learning environment, by striking subsection (e) and inserting in lieu thereof the following:
'(e) Parental involvement processes developed pursuant to this subpart shall be designed to create the expectation that parents and guardians, teachers, and school administrators will work together to improve and enhance student behavior and academic performance and will communicate freely their concerns about and actions in response to student behavior that detracts from the learning environment. The student code of conduct developed pursuant to this Code section shall encourage parents and guardians to inform their children on the consequences, including potential criminal penalties, ofunderage sexual conduct and crimes for which a minor can be tried as an adult:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 6. Said part is further amended in Code Section 20-2-736, relating to student codes of conduct, distribution, disciplinary action for violations, and parental involvement, by striking subsection (a) and inserting in lieu thereof the following:
'(a) At the beginning of each school year, local boards of education shall provide for the distribution of student codes of conduct developed pursuant to Code Section 20-2-735 to each student upon enrollment. Local boards of education shall provide for the distribution of such student codes of conduct to the parents or guardians of each student through such means as may best accomplish such distribution at the local level and are appropriate in light of the grade level of the student, including distribution of student codes of conduct to students and parents or guardians jointly. Local boards of education shall solicit or require the signatures or confirmation of receipt of students and parents or guardians in acknowledgment of the receipt of such student codes of conduct. A signature or confirmation of receipt may be obtained in writing, via electronic mail or facsimile, or by any other electronic or other means as designated by the local board. A parent or legal guardian that does not acknowledge receipt of the student code of conduct shall not be absolved of any responsibility with respect to the information contained in the student code of conduct. In addition, student codes of conduct shall be available in each school and classroom."

SECTION 7. Said part is further amended in Code Section 20-2-751.5, relating to student codes of conduct, safety rules on school buses, and distribution, by striking subsection (e) and inserting in lieu thereof the following:
n(e) Any student handbook which is prepared by a local board or school shall include a copy of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school as annually distributed pursuant to Code Section 20-2-736. When distributing a student code ofconduct, a local school shall include a form for acknowledgment of the student's parent or guardian's receipt of the code, and the local school shall solicit or require that the form be signed and returned to the school.'

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

Approved May 5, 2006.

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LOCAL GOVERNMENT -REVENUE- TAX ALLOCATION DISTRICTS; MILLAGE; CREATION; VALUATION AND CERTIFICATION.

No. 831 (HouseBillNo. 1361).

AN ACT

To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," is amended by striking Code Section 36-44-3, relating to definitions applicable to such chapter, and inserting in lieu thereof a new Code Section 3 6-44-3 to read as follows:
'36-44-3. As used in this chapter, the term:
( 1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board ofeducation consenting to the inclusion of that board ofeducation's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except:
(A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the

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territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following:
(A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion ofany existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces or green spaces; (G) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (H) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (J) Improving or increasing the value of property; and

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(K) The acquisition and retention or acquisition and disposition ofproperty for redevelopment purposes or the use for redevelopment purposes ofproperty already owned by a political subdivision or any agency or instrumentality thereof. (6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means: (A) Any urbanized or developed area in which the structures, buildings, or improvements, by reason ofdilapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare; (B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout, inadequate parking, roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed redevelopment; the faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; diversity of ownership on defective or unusual conditions of title which prevent or encumber the free alienability of land; or the existence of conditions which endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; (C) Any open area located within an urbanized or developed area within the corporate limits of a municipality which because of any factor or combination of factors enumerated in subparagraph (A) or (B) of this paragraph substantially impairs or arrests the sound growth of the community; (D) Any area located within an urbanized or developed area and which, immediately prior to becoming an open area, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph; (E) Any area located within an urbanized or developed area which is substantially underutilized by containing open lots or parcels of land or by

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containing a substantial number ofbuildings or structures which are 40 years old or older or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity ofthe area or by having development impaired by airport and related transportation noise or by related environmental factors or an area in which there is a shortage of housing that is affordable for persons oflow or moderate income which the local legislative body designates as appropriate for community redevelopment or by any combination of the foregoing factors; (F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment ofthe area; (G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (H) Any area combining any factors specified in subparagraphs (A) through (G) of this paragraph. (8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following: (A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion ofexisting buildings, structures, and fixtures; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A)

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ofthis paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan; (E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments to a political subdivision or board of education in lieu oftaxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs. (9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by

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the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter I 0 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval ofa redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph(3) of Code Section 36-44-8; (0) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate ofinterest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property

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from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (R) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. ( 10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. ( 11) 'Special fund' means the fund provided for in subsection (c) of Code Section 36-44-11. ( 12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. ( 13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) ofCode Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) 'Taxable property' means all real and personal property subject to ad valorem taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located.'

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SECTION 2. Said chapter is further amended by striking in its entirety Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in lieu thereof a new Code Section 36-44-8 to read as follows:
'36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(I) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment oftax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be

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anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment."

SECTION 3. Said chapter is further amended by redesignating subsection (e) of Code Section 36-44-9, relating to computation of tax allocation increments, as subsection (f) thereof, and inserting immediately prior to said new subsection (f), a new subsection (e) to read as follows:
"(e) The resolution of any county, municipality, consolidated government or board of education consenting to the inclusion ofad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district."

SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 36-44-10, relating to determination of tax allocation increment base of proposed district, effect of amending district, identification on tax digests and notice of current taxable value and tax increment base, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11."

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SECTION 5. Said chapter is further amended by striking in its entirety Code Section 36-44-11, relating to allocation of positive tax allocation increments of district and creation of special fund, and inserting in lieu thereof a new Code Section 36-44-11 to read as follows:
'36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date ofthe creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders.
(b)(l) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out oftaxes collected on behalfof such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund.

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Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, .or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund.'

SECTION 6. Said chapter is further amended by striking Code Section 36-44-15, relating to tax millage rate, and inserting in lieu thereof a new Code Section 36-44-15 to read as follows:
'36-44-15. For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in

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Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political s~bdivision or county or independent board of education."

SECTION 7. Said chapter is further amended by striking Code Section 36-44-17, relating to limitation on creation of tax allocation districts, and inserting in lieu thereof a new Code Section 36-44-17 to read as follows:
"36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total currenttaxable value of all taxable property located within the area of operation of the political subdivision."

SECTION 8. Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, is amended by striking paragraph (9) of subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(9) 'Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments."

SECTION 9. Nothing in this Act shall impair or invalidate any redevelopment plan, redevelopment area, or tax allocation district in effect on the effective date of this Act, or any bonds, notes or certificates thereof. Any redevelopment agency as defined in paragraph (6) ofCode Section 36-44-3 having an existing tax allocation district to which the definition of "ad valorem property taxes" provided for in Section 1 of this Act is effective may apply, in writing, to the state revenue commissioner for a determination or redetermination of the tax allocation increment base of such tax allocation district. Within a reasonable time, and not exceeding 60 days after such application, the state revenue commissioner shall certify to the redevelopment agency the tax allocation increment base, as defined by this Act, as of the effective date of the creation of such tax allocation district. Such certification shall supersede any prior certification and, unless amended

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pursuant to subsection (b) of Code Section 36-44-10, shall constitute the tax allocation increment base of the tax allocation district.

SECTION 10. This Act shall become effective on its approval by the Governor or upon its becoming law without such approval; provided, however, that the definition of"ad valorem property taxes" provided for in Section 1 of this Act shall not be effective as to the calculation of the tax allocation increment base of any tax allocation district for which a political subdivision has issued tax allocation bonds, notes, or certificates prior to the effective date hereof, and the definition of such term effective prior to the effective date hereof shall remain effective as to any such tax allocation district.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 5, 2006.

INSURANCE- INSURABLE INTERESTS; REPLACEMENT LIFE INSURANCE; SPECIAL EMPLOYEE GROUP PROVISIONS.
No. 834 (House Bill No. 1484).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group provisions of group life insurance; to alter required policy provisions for group life insurance; 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 Code Section 33-24-3, relating to insurable interest ofpersonal insurance, and inserting in its place the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'33-24-3. (a) An insurable interest, with reference to personal insurance, is an interest based upon a reasonable expectation of pecuniary advantage through the continued life, health, or bodily safety of another person and consequent loss by reason of such person's death or disability or a substantial interest engendered by love and affection in the case of individuals closely related by blood or by law. (b) An individual has an unlimited insurable interest in his or her own life, health, and bodily safety and may lawfully take out a policy of insurance on his or her own life, health, or bodily safety and have the policy made payable to whomsoever such individual pleases, regardless of whether the beneficiary designated has an insurable interest. (c) The trustee of a trust established by an individual settlor has an insurable interest in the life of that individual settlor and has the same insurable interest in the life of any other individual as does such individual settlor. The trustee of a trust has the same insurable interest in the life of any other individual as does any beneficiary of the trust with respect to proceeds of insurance on the life of such individual or any portion of such proceeds that are allocable to such beneficiary s interest in such trust. If multiple beneficiaries of a trust have an insurable interest in the life of the same individual, the trustee of such trust has the same aggregate insurable interest in such individual's life as such beneficiaries with respect t.o proceeds of insurance on the life of such individual or any portion of such proceeds that is allocable in the aggregate to such beneficiaries' interest in the trust. (d) A corporation, foreign or domestic, has an insurable interest in the life of any individual:
( 1) Holding at least 10 percent of the issued and outstanding shares of such corporation; or (2) In whom the shareholders holding a majority ofthe issued and outstanding shares have an insurable interest, whether arising out of their status as shareholders of the corporation or otherwise, and in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose ofcarrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees,

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retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, or retired employees. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered. (e) The insurable interest of a corporation or trustee which has been established pursuant to subsection (d) of this Code section shall be conveyed automatically to another corporation or to the trustee of a trust established by such other corporation for its sole benefit which has acquired by purchase, merger, or otherwise all or part of the first corporations business. A corporation or the trustee of a trust established by such corporation for its sole benefit may exchange any po !icy of insurance issued to itself or to another corporation or the trustee of a trust established by such other corporation for its sole benefit from which the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance issued to itself without establishing a new insurable interest at the time of such exchange. (f) A shareholder in a corporation has an insurable interest in the life of any other shareholder pursuant to any contractual arrangement between or among such shareholders concerning the purchase by surviving shareholders of shares owned by a deceased or disabled shareholder, for the purpose of carrying out such contractual arrangement. (g) A partnership, limited liability company, business trust, or other business entity established under the laws of any state or of the United States shall have the same insurable interests as a corporation, as set forth in subsections (d) and (e) of this Code section, including, without limitation, insurable interests in such entity's partners, members, or holders of other equity ownership interests and in officers, directors, employees, and those of any subsidiaries of any such entity. The partners of a partnership, the owners of a limited liability company, and the owners of equity interests in any form of business entity have the same insurable interest in the lives of the other partners, members, or equity interest owners as do shareholders of corporations. (h) An insurable interest must exist at the time the contract of personal insurance becomes effective but need not exist at the time the loss occurs. (i) Any personal insurance contract procured or caused to be procured upon another individual is void unless the benefits under the contract are payable to the individual insured or such individual's personal representative or to a person having, at the time when the contract was made, an insurable interest in the individual insured. In the case of a void contract, the insurer shall not be liable on the contract but shall be liable to repay to the person or persons who have paid the premiums all premium payments without interest.

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U) A charitable institution as defined under Sections 50l(c)(3), 501(c)(6), 501(c)(8), and 501 (c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor. (k) The insurable interests set forth in this Code section are not exclusive but are cumulative of and not in lieu of insurable interests existing in common law and not expressly set forth in this Code section. No part of this Code section specifically recognizing any insurable interest shall create any presumption or implication that such insurable interest did not exist prior to July 1, 2006. To the contrary, an insurable interest shall be presumed with respect to any life insurance policy issued prior to July 1, 2006, to any person whose insurable interest is recognized in this Code section."

SECTION 2. Said title is further amended by striking the introductory paragraph and paragraph (1) of Code Section 33-24-6.1, relating to prerequisites for replacement life insurance exceeding insurance being surrendered, and inserting in lieu thereof the following:
'Notwithstanding the provisions of subsection (d) of Code Section 33-24-3, subsection (d) of Code Section 33-24-6, or paragraph (II) of Code Section 33-27-3 which relate to the replacement of existing life insurance, any new life insurance may exceed the insurance being surrendered:
(I) When an entity has a proper interest pursuant to subsection (d) or (e) of Code Section 33-24-3 and the authority to effectuate life insurance pursuant to the provisions of paragraph (4), (5), or (6) of subsection (a) of Code Section 33-24-6; andu

SECTION 3. Said title is further amended by striking paragraph (I 0) of Code Section 33-27-1, relating to group life insurance generally, and inserting in lieu thereof the following:
u( 10) SPECIAL EMPLOYEE GROUPS. An entity or a trustee of a trust established by an entity which has an insurable interest in employees pursuant to subsection (d) 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.u

SECTION 4. Said title is further amended by paragraph (II) of subsection (a) of Code Section 33-27-3, relating to required group life insurance policy provisions, and inserting in lieu thereof the following:

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'( 11) An entity or trustee of a trust having an insurable interest pursuant to subsection (d) of Code Section 33-24-3 and effectuation authority pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, provided that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term 'employees' shall include directors, officers, employees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered.'

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

Approved May 5, 2006.

COURTS- NUMEROUS TERM CHANGES.
No. 835 (House Bill No. 1496).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; and in Atkinson, Berrien, Clinch, Cook, and Lanier counties in the Alapaha Judicial Circuit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-3 ofthe Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (41) and inserting a new paragraph (41) to read as follows:
'(41) WAYCROSS CIRCUIT: (A) Bacon County - Third Monday in April and second Monday in October. (B) Brantley County- Fourth Monday in January and second Monday in September. (C) Charlton County- Fourth Monday in February and September. (D) Coffee County- Third Monday in March and October.

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(E) Pierce County- First Monday in May and first Monday in December. (F) Ware County - First Monday in April and second Monday in November. Provided, however, if any term of court in the Waycross Circuit begins on an official state holiday, the term of court shall commence on the following Tuesday; and if any other day within the term of court shall be an official state holiday, the court shall be closed for that holiday.'

SECTION 2. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, is amended by striking paragraph (I) and inserting a new paragraph (l) to read as follows: '(1) ALAPAHA CIRCUIT:
(A) Atkinson County - First Monday in April and October. (B) Berrien County- First Monday in February and August. (C) Clinch County- Third Monday in March and September. (D) Cook County- Second Monday in January and July. (E) Lanier County- Fourth Monday in April and October. Provided, however, if any term of court in the Alapaha Circuit begins on an official state holiday, the term of court shall commence on the following Tuesday; and if any other day within the term of court shall be an official state holiday, the court shall be closed for that holiday.'

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

Approved May 5, 2006.

ALCOHOL- LOCAL ORDINANCES; VIOLATIONS; FINES.
No. 836 (House Bill No. !50 1).
AN ACT
To amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation ofalcoholic beverages in general, so as to provide certain limits for fines imposed for violations of local alcoholic beverage ordinances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, is amended by adding new Code Section 3-3-2.2 to read as follows:
'3-3-2.2. Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section 36-35-6 or any other provision of general law, in the case of a county or municipality which issues more than 300 licenses for consumption of alcoholic beverages on the premises, the maximum fine for violations of local alcoholic beverages licensing ordinances referenced in Code Section 3-3-2 pertaining to licenses issued to sell alcoholic beverages by the drink for consumption on the premises shall be $2,500.00. Nothing in this Code section shall prohibit the governing authority of a county or municipality from imposing a penalty that is otherwise allowed by law, unless such law is a local law in conflict with this Code section.'

SECTION 2. This Act shall become effective on July 1, 2006.

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

Approved May 5, 2006.

COURTS- MAGISTRATES; SALARY AND EXPENSE WAIVER.
No. 851 (House Bill No. 1399).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrate s salary may be waived under certain circumstances; to provide that monthly contingent expenses may be waived under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking paragraph (5) of subsection (a) of Code

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Section 15-10-23, relating to minimum compensation for magistrates, and inserting in lieu thereof the following:
0 (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $19.69 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $525.08 unless a magistrate waives such minimum monthly salary in writing."

SECTION 2. Said chapter is further amended by striking Code Section 15-10-23.1, relating to monthly contingent expense allowance for the operation of the office of magistrate court, and inserting in lieu thereof the following:
0 15-10-23.1. In addition t; any salary, fees, or expenses now or hereafter provided by law, unless a magistrate waives such expenses in writing, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and payable from county funds, a monthly expense allowance to each magistrate of not less than the amount fixed in the following schedule:

Population

Minimum Monthly Expenses

0- 11,889

$ 100.00

11,890- 74,999

200.00

75,000- 249,999

300.00

250,000- 499,999

400.00

500,000 or more

500.00'

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 5, 2006.

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LABOR- STATE-WIDE RESERVE RATIO; CONTRIBUTION RATE ADJUSTMENT.

No. 863 (House Bill No. 1326).

AN ACT

To amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, is amended by striking in its entirety subparagraph (d)(4)(B) and inserting in lieu thereof the following:
u(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1. 7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
Ifthe State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year the Commissioner of Labor shall have the option ofimposing an increase in the overall rate of up to 35 percent, as of the computation date,

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for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the period of January 1 through December 31, 2007, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155.'

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

Approved May 5, 2006.

EDUCATION- HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE.
No. 866 (House Bill No. 1316).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to the end of such chapter to be designated Article 32 to read as follows:
'ARTICLE 32
20-2-2100. (a) There is created as a joint committee of the General Assembly the High School Athletics Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, one of whom

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shall be a member of the minority party; five members of the Senate appointed by the Senate Committee on Assignments, one of whom shall be a member of the minority party; the chairperson of the House Committee on Education or his or her designee; and the chairperson of the Senate Education and Youth Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Speaker of the House ofRepresentatives and the Senate Committee on Assignments shall each designate a cochairperson from among the appointees of their respective houses. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of high school athletic associations, as defined in subsection (c) of this Code section. (b) No high school which receives funding under Article 6 of this chapter shall participate in, sponsor, or provide coaching stafffor interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any high school athletics association unless such association complies with the provisions of this article. (c) As used in this Code section, the term 'committee' means the High School Athletics Overview Committee, and the term 'high school 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 high schools in this state participate.

20-2-210 I. The Department of Education, 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 article. The committee may employ staff and may secure the services of consultants as appropriate and subject to available funding. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to request the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to request the attendance of witnesses and the production of documents in aid of its duties, upon application of the cochairpersons of the committee, with the concurrence of the Speaker of the House and President Pro Tempore of the Senate.

20-2-2102. All high school athletic associations in this state shall cooperate with the committee, its authorized personnel, the Attorney General, the Department of Education, and other state agencies in order that the charges of the committee may be timely and efficiently discharged. The associations shall submit to the

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committee such reports and data as the committee shall reasonably require 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 associations. 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 ofthe high school athletic associations, as set forth in this chapter.

20-2-2103. In the discharge of its duties, the committee shall evaluate the performance of high school athletic associations consistent with the following criteria:
(l) Fairness and equity in establishing and implementing its standards; and (2) The promotion of academic achievement and good sportsmanship.

20-2-2104. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff, paying for services of consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.

20-2-2105. This article shall be repealed effective December 31, 2010:

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

Approved May 5, 2006.

COMMERCE- SEED-CAPITAL FUND; SOLE LIMITED LIABILITY OWNER.
No. 867 (House Bill No. 1305).
AN ACT
To amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for

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investment entities as to which the state is a sole limited liability owner; to provide means of investment of Seed-Capital Fund moneys by and through investment entities as to which the state is a sole limited liability owner; 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 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, is amended by striking paragraphs (7) and (8) of Code Section 10-10-1, relating to definitions, and inserting in their place new paragraphs (7) and (8) to read as follows:
n(7) 'Investment entity' means a limited partnership, a limited liability company, or other legal entity, including without limitation any such entity as to which the state is the sole limited liability owner, providing limited liability to its owners that is formed to receive, in part, an investment by the fund or an equity return of investment from a fund loan and for which a general partner or manager manages the equity contributions by making investments in qualified securities of one or more enterprises or, in the case of an investment entity as to which the state is the sole limited liability owner, in another investment entity, as permitted by this chapter and by paying the expenses of the investment entity. (8) 'Loan' means an advance of money from the fund to an enterprise or an investment entity on such terms as the center shall set, including, but not limited to, an absolute promise to repay the principal amount of the loan made by the recipient enterprise, and any return on investment that the center may require as a term or condition of the loan, which may include, but not be limited to, simple or compound interest or any form of equity participation.n

SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 10-10-3, relating to the handling of moneys in the Seed-Capital Fund, and inserting in its place a new subsection (c) to read as follows:
n(c) In return for equity contributions by the fund, at the discretion of the center, the state will receive either direct ownership of qualified securities of an enterprise or a limited liability ownership in an investment entity either directly or indirectly through an investment entity as to which the state is the sole limited liability owner as permitted in subsection (c) of Code Section 10-10-4 with rights accruing from investments in qualified securities by the investment entity. With respect to loans made from the fund, the state shall receive repayment ofthe loan in accordance with its terms, with cash proceeds or other assets from such repayments being deposited in or held through the fund. Additional returns to the state will be secured through the establishment and growth of innovative

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GENERAL ACTS AND RESOLUTIONS, VOL. I

enterprises that create new, value added products, processes, and services and encourage growth and diversification in the economy of the state."

SECTION 3. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 10-10-4, relating to investing of funds with investment entities, and inserting in its place a new paragraph (3) to read as follows:
'(3) The total amount of equity contributions by the state made to an enterprise that originate from the fund, either directly or indirectly through an investment entity as permitted by subsections (b) and (c) of this Code section, and that are invested in qualified securities of an enterprise should ordinarily be no more than $1 million. Total equity contributions from the fund to an enterprise, directly or indirectly through an investment entity, may be greater than $1 million if, in the judgment of the center, the enterprise is in severe financial difficulty and an investment of a greater amount is necessary to preserve the initial investment in qualified securities;'

SECTION 4. Said chapter is further amended by striking the introductory language ofparagraph (6) of subsection (a) of Code Section 10-10-4, relating to investing of funds with investment entities, and inserting in its place new introductory language of paragraph (6) to read as follows:
'(6) Approval of an equity contribution may be made after the center finds, based upon the application submitted by the enterprise and such additional investigation as the staffofthe center shall make and incorporate in its records, that:'

SECTION 5. Said chapter is further amended by striking the introductory language and paragraph (1) of subsection (b) of Code Section I 0-10-4, relating to investing of funds with investment entities, and inserting in their place new introductory language and a new paragraph (1) of subsection (b) to read as follows:
'(b) The center, subject to the approval of the board or its designee, may authorize transfers directly from the fund or indirectly, as described in subsection (c) of this Code section, from an investment entity as to which the state is the sole limited liability owner, to make equity contributions to one or more investment entities whose structures, purposes, and operations are consistent with the criteria specified in this chapter. Investment entities to which the state, directly or indirectly, makes an equity contribution shall not expend any of the funds invested by the state unless and until the center has assured itself that the following conditions will be satisfied by such investment entity:
(1) Either: (A) At least $3.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fund or from an

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investment entity as to which the state is the sole limited liability owner to the investment entity; (B) At least $1.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fund or from an investment entity as to which the state is the sole limited liability owner to an investment entity; provided, however, that no investment is to be made from such investment entity in qualified securities without an equal or greater investment in the same enterprise from sources other than the investment entity, such that, in total, at least $3.00 of investment from sources other than the state, including funds invested by the investment entity in the enterprise that are other than from equity contributions made by the state from the fund or from an investment entity as to which the state is the sole limited liability owner, has been committed to such enterprise for every $1.00 of the state s portion of the amount invested in the qualified securities of such enterprise;'

SECTION 6. Said chapter is further amended in Code Section 10-10-4, relating to investing of funds with investment entities, by inserting a new subsection (c) to read as follows:
'(c) The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make equity contributions to one or more investment entities as to which the state is the sole limited liability owner. Any such investment entities as to which the state is the sole limited liability owner shall be assigned for administrative purposes to the center within the meaning of Code Section 50-4-3. Such investment entities may make investments in other investment entities, which make equity contributions pursuant to subsection (b) of this Code section. Such investment entities may also make equity contributions through direct purchases of qualified securities of enterprises, subject to the center and the investment entity assuring themselves that the following conditions will be satisfied:
( 1) At least $3.00 of equity contributions has been committed in writing to the enterprise by persons other than the state for every $1.00 of equity contributions committed by the state directly or indirectly from the fund to the enterprise; (2) The center shall manage the investments of equity contributions in the qualified securities of enterprises so that the state shall not hold voting control of an enterprise; (3) The total amount of equity contributions by the state made to an enterprise that originates from the fund, either directly or indirectly through an investment entity as permitted by subsection (b) of this Code section and this subsection, and that are invested in qualified securities of an enterprise should ordinarily be no more than $1 million. Total equity contributions from the fund to an enterprise, directly or indirectly through an investment entity, may be greater than $1 million if, in the judgment of the center, the enterprise is in severe

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GENERAL ACTS AND RESOLUTIONS, VOL. I

financial difficulty and an investment of a greater amount is necessary to preserve the initial investment in qualified securities; (4) The amount of investment, directly or indirectly through an investment entity, by the fund in qualified securities issued by an enterprise should ordinarily not represent more than 49 percent of the enterprise's total qualified securities outstanding at the time such qualified securities are purchased by the fund after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise. An investment of an equity contribution from the fund may exceed 49 percent of the enterprise s total qualified securities outstanding if:
(A) In the case of direct investment, in the center's judgment, such greater investment is prudent; or (B) In the case of indirect investment, in the investment entity's judgment exercised in accordance with paragraph (5) of subsection (b) of this Code section, such greater investment is prudent; (5) The investment entity shall be authorized to make equity contributions in qualified securities of enterprises engaged in an entrepreneurial business only after receipt of an application from the enterprise that contains: (A) A business plan including pro forma financial statements and a description of the enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise, including the number, location, and types ofjobs expected to be created; and (D) Such other information as the center shall request; and (6) Approval of an equity contribution may be made after the investment entity finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the center shall make and incorporate in its records, that: (A) The proceeds of the investment or financial assistance will be used only to cover the seed-capital needs of the enterprise except as authorized by paragraph (2) of this subsection; (B) The enterprise has a reasonable chance of success; (C) The fund's participation is instrumental to the success of the enterprise and its retention within the state; (D) The enterprise has the reasonable potential to enhance employment opportunities within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise; (F) Any securities to be purchased are qualified securities; (G) There is a reasonable possibility that the fund will recoup at least its initial investment or financial commitment; and (H) Binding commitments have been made to the state by the enterprise for adequate reporting of financial data to the center, which shall include a

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requirement for an annual report or, ifrequired by the center, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the investment entity as considered prudent, over the management of the enterprise so as to protect the investment or financial commitment of the investment entity, including in the discretion ofthe entity and, without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors ofthe enterprise:

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 5, 2006.

INSURANCE- VALUES OR PROCEEDS; GARNISHMENT; ESTATE ASSETS.
No. 868 (House Bill No. 1304).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-25-11, relating to right of beneficiaries and assignees of insurance policies to proceeds of life insurance policies, and inserting in lieu thereof a new Code Section 33-25-11 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"33-25-11. (a) Whenever any person residing in the state shall die leaving insurance on his or her life, such insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Whenever the insurance, by designation or otherwise, is payable to the insured or to the insured's estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a partofthe insured's estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured's estate. (b) Payments as directed in this Code section shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments. (c) The cash surrender values of life insurance policies issued upon the lives of citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person whose life is so insured unless the insurance policy was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors."

SECTION 2. Said title is further amended by striking Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure endowment contracts as against creditors and representatives of persons effecting contracts, and inserting in lieu thereof a new Code Section 33-28-7 to read as follows:
0 33-28-7 0 The proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor ofany creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors. n

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

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

Approved May 5, 2006.

INSOLVENCIES- APPLICABILITY OF A CERTAIN ACT.
No. 873 (House Bill No. 1444).
AN ACT
To amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such Act to apply to insolvencies occurring on and after the effective date of the Act; 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. An Act approved May 2, 2005 (Ga. L. 2005, p. 563), is amended by striking Section 24 and inserting in lieu thereof a new Section 24 to read as follows:
'SECTION 24. The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 5, 2006.

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ELECTIONS - VOTING ASSISTANCE; DISABLED; ATTENDANT CARE GIVERS.

No. 874 (House Bill No. 1435).

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 add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraph (9) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof a new paragraph (9) and adding new paragraphs (.1) and (.2) to read as follows:
'(.1) 'Activities of daily living' includes eating, toileting, grooming, dressing, shaving, transferring, and other personal care services. (.2) 'Attendant care services' means services and supports furnished to an individual with a physical disability, as needed, to assist in accomplishing activities of daily living, instrumental activities of daily living, and health related functions through hands-on assistance, supervision, or cuing.' '(9) 'Health related functions' means functions that can be delegated or assigned by licensed health care professionals under state law to be performed by an attendant.'

SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 21-2-265, relating to polling places and facilities for disabled voters, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The superintendent of a county or the governing authority of a municipality, in selecting and fixing a polling place in each precinct, shall select, if practicable, a polling place with suitable and appropriate access for disabled electors. If no such practicable locations exist within the precinct, the superintendent of a county or the governing authority of a municipality may effect temporary modifications to such existing locations as will, in his or her or its judgment, provide more convenient and appropriate access to the polling place by the disabled elector. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access for persons with disabilities for the purpose of voting; and any person, whether or not

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personally aggrieved, may bring an action for mandamus to require that all polling places in the county or municipality have suitable and appropriate access for persons with disabilities for the purpose of voting."

SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 21-2-3 84, relating to preparation and delivery of absentee ballots, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(c)(l) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

Elector's Residence Address

Month and Day of Elector's Birth

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

Signature of Person Assisting

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Elector -- Relationship Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language. ( ) Elector requires assistance due to 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, election, or runoff in which there is no federal candidate on the ballot. 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."

SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A physically disabled or illiterate elector may receive assistance in preparing his or her ballot from one of the following: any elector who is qualified to vote in the same county or municipality as the disabled or illiterate elector; an attendant care provider or a person providing attendant care; or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his or her own county or municipality, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff in which there is no federal candidate on the ballot."

SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 21-2-402, relating to preparation of voter's certificates by Secretary of State, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number ofvoter's certificates which shall be in substantially the following form:
VOTER'S CERTIFICATE I hereby certify that I am qualified to vote at the (primary or election) held on ______________, that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name, and that I am a citizen of the United States and am not currently serving a sentence for a felony

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conviction. I understand that making a false statement on this certificate is a felony under Code Section 21-2-562.

Signature ____________ Current residence address of elector:

Elector's date ofbirth: Narne or initials of poll officer receiving voter's certificate: _______________ In case of physical disability or illiteracy, fill out the following: Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability.

Signature of poll officer Number of stub of ballot or number ofadmission to voting machine: _______"

SECTION 6. Said chapter is further amended by striking Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in lieu thereof a new Code Section 21-2-409 to read as follows:
"21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting compartment or booth without assistance. A person assisting an elector shall identify himself or herself to a poll worker who shall record such information on the disabled elector's voter certificate showing that such person provided assistance in voting to such elector.
(b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except the elector's employer or agent of that employer or officer or agent of the elector's union. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select ( 1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

father-in-law, brother-in-law, or sister-in-law of that candidate may offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection."

SECTION 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-431, relating to execution of voter's certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) If any elector was unable to sign his or her name at the time of registration or if, having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer."

SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 21-2-451, relating to execution of voter's certificate, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) If any elector was unable to sign his or her name at the time of registration or, if having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer."

SECTION 9. This Act shall become effective on January I, 2007.

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

Approved May 5, 2006.

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COURTS- GWINNETT CIRCUIT; COURT TERMS.

No. 878 (House Bill No. 1423).

AN ACT

To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court for the superior courts, is amended by striking paragraph (20) and inserting in its place a new paragraph (20) to read as follows:
"(20) GWINNETT CIRCUIT: Gwinnett County- First Monday in March, June, and December and second Monday in September."

SECTION 2. This Act shall become effective August 1, 2006.

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

Approved May 5, 2006.

CRIMINAL PROCEDURE- MILITARY- CRIMINAL PROCEEDINGS; NOTICES AND PLEADINGS; SPEEDY TRIAL; JUDICIAL EMERGENCY; DEADLINES AND TIME SCHEDULES.
No. 879 (House Bill No. 1421).
AN ACT
To amend Title I 7 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to notices and pleadings in criminal proceedings; to change provisions relating to demand for trial and announcement of readiness for trial; to require a demand for speedy trial be filed and served as a separate document and labeled as a demand for speedy trial; to change provisions

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GENERAL ACTS AND RESOLUTIONS, VOL. I

relating to demand for speedy trial and service of such demand; to provide for procedures relating to demand for speedy trial in capital cases; to correct cross-references; to amend Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, so as to correct a cross-reference; 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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following:
"17-7-170. (a) Any defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the defendant's life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, the defendant may at any subsequent court term thereafter demand a speedy trial. In either case, the demand for speedy trial shall be filed with the clerk ofcourt and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chiefjudge of the court in which the case is pending. A demand for speedy trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; and identify the indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which the demand for speedy trial is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the defendant is not tried when the demand for speedy trial is made or at the next succeeding regular court term thereafter, provided that at both court terms there were juries impaneled and qualified to try the defendant, the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand for speedy trial filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. (d) If a case in which a demand for speedy trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for speedy trial

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shall be filed within the term of court in which the remittitur from the appellate court is received by the clerk ofcourt or at the next succeeding regular court term thereafter. (e) If the case in which a demand for speedy trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court.n

SECTION 2. Said title is further amended by striking Code Section 17-7-171, relating to time for demand for trial in capital cases, and inserting in lieu thereof the following:
'17-7-171. (a) Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chiefjudge of the court in which the case is pending. A demand for trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; and identify the indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which such demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If more than two regular terms of court are convened and adjourned after the term at which the demand for speedy trial is filed and the defendant is not given a trial, then the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment, provided that at both terms there were juries impaneled and qualified to try the defendant and provided, further, that the defendant was present in court announcing ready for trial and requesting a trial on the indictment. (c) In cases involving a capital offense for which the death penalty is sought, if a demand for speedy trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1:

SECTION 3. Said title is further amended by striking Code Section 17-7-172, relating to requirement of announcement of readiness for trial prior to announcement by defendant, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'17-7-172. The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement.'

SECTION 4. Said title is further amended by striking Code Section 17-8-21, relating to when a showing for a continuance is required of the state, and inserting in lieu thereof the following:
'17-8-21. In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor.'

SECTION 5. Said title is further amended by striking subsection (c) of Code Section 17-8-31, relating to grounds for granting of continuances, and inserting in lieu thereof the following:
'(c) In cases in which a demand for speedy trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for speedy trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court.'

SECTION 6. Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, is amended by striking paragraph (3) and inserting in lieu thereof the following:
'(3) The time within which to try a case for which a demand for speedy trial has been filed;'

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

Approved May 5, 2006.

COURTS -MOTOR VEHICLES-ADMINISTRATIVE OFFICE OF THE COURTS; TRIAL JUROR AND
GRAND JUROR LISTS; APPLICATION RECORDS.
No. 880 (House Bill No. 1417).
AN ACT
To amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a cross-reference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, is amended by adding a new subsection to the end of such Code section to read as follows:
"(d) Assistance of the Administrative Office of the Courts. ( 1) The Administrative Office of the Courts may assist the clerk of the superior court or the jury clerk, whichever is applicable, by providing a list of county citizens who the Administrative Office of the Courts certifies are prima facie eligible persons for consideration as jurors on the traverse and grand jury pools. (2) The Department of Driver Services shall provide the Administrative Office of the Courts the list required by subparagraph (a)(l )(A) of this Code section and the information set forth in the undesignated text of paragraph (I) of subsection (a) of this Code section. (3) The Secretary of State shall provide the Administrative Office of the Courts the list of registered voters and list of convicted felons."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Code Section 40-5-2, of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licenses and furnishing information, is amended by striking paragraph (7) of subsection (f) and inserting in lieu thereof the following:
'(7) The lists required to be made available to boards of jury commissioners and the Administrative Office ofthe Courts pursuant to Code Section 15-12-40 regarding county residents who are the holders of drivers' licenses or personal identification cards issued pursuant to this chapter. Such lists shall identify each such person by name, address, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of this chapter, and, whenever racial and ethnic information is collected by the department for purposes of voter registration pursuant to Code Section 21-2-221, by racial or ethnic group.'

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

Approved May 5, 2006.

LABOR- WORKERS' COMPENSATION CLAIM PROOF OR DOCUMENTATION.
No, 883 (House Bill No. 1405),
AN ACT
To amend Chapter 9 of Title 34 ofthe Official Code of Georgia Annotated, relating to workers' compensation, so as to require that a claim be proven or documented within 36 months after a notice of claim is filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in Code Section 34-9-362, relating to notice by employer or insurer of claim against the Subsequent Injury Trust Fund, and inserting in its place the following:
'34-9-362. (a) An employer or insurer shall notify the administrator of the fund of any possible claim against the fund as soon as practicable, but in no event later than

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78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, whichever occurs last. (b) The claim must be filed in accordance with the requirements of subsection (a) of this Code section prior to the final settlement of the claim. (c) Failure to comply with the provisions of subsections (a) and (b) of this Code section will constitute a bar to recovery from the Subsequent Injury Trust Fund. (d) For those notices of claim filed with the fund on or before July I, 2006, the employer or insurer shall have until June 30, 2009, to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied. (e) For those notices ofclaim filed with the fund after July I, 2006, the employer or insurer shall have three years from the date the notice was received by the fund to obtain a reimbursement agreement issued by the fund or the claim for reimbursement shall be deemed automatically denied. (f) Notwithstanding subsections (d) and (e) of this Code section, if compensability of the underlying workers' compensation claim is at issue before the State Board of Workers' Compensation, then the employer or insurer shall have three years from the date of final adjudication of compensability by the State Board of Workers' Compensation or any appellate court to obtain a reimbursement agreement issued by the fund or the c!aim for reimbursement shall be deemed automatically denied. (g) Upon actual or statutory automatic denial pursuant to subsection (d), (e), or (f) of this Code section, the employer or insurer shall have 20 days from the date of denial to request a hearing with the State Board of Workers Compensation pursuant to Code Section 34-9-100; otherwise recovery shall be barred.'

SECTION 2. This Act shall become effective July I, 2006.

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

Approved May 5, 2006.

AGRICULTURE-FARMERS' MARKETS; SAFETY; SECURITY.
No. 884 (House Bill No. 1404).
AN ACT
To amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to change certain provisions relating

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GENERAL ACTS AND RESOLUTIONS, VOL. I

to authority of the Commissioner of Agriculture to provide for safety and security at farmers' markets; to provide for law enforcement on the premises of farmers' markets; 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 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, is amended by striking Code Section 2-10-57, relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers' markets, and inserting in lieu thereof the following:
'2-1 0-57. (a) The Commissioner is authorized to provide for safety and security at the farmers' markets and to make such rules and regulations as are necessary for this purpose. The Commissioner is vested with police powers to enforce this article, rules and regulations promulgated pursuant to this article, and all state laws that govern and control farmers' markets.
(b )(I) The Commissioner is authorized to employ, designate, deputize, and delegate to employees of the department the authority to exercise the police powers provided under subsection (a) of this Code section at the Atlanta State Farmers' Market in Forest Park. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' are authorized to:
(A) Carry firearms authorized or issued by the Commissioner while in the performance of their duties; (B) Exercise arrest powers; (C) Enforce the law and order at the farmers' market; (D) Order and escort off of the farmers' market those persons who are in trespass and remain in trespass by selling produce or other products without a current license or who are otherwise in violation of this article or rules and regulations promulgated pursuant to this article; (E) Serve and execute warrants; (F) Authorize to be towed vehicles that;
(i) Park in designated fire lanes; or (ii) Are not properly licensed under state law or the law of the state of registration and remain parked on the farmers' market without authorization; and (G) Enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers' market by persons who hold or have applied for licenses under this article for the purpose of determining compliance with the provisions of this article and other laws the administration or enforcement of which is the responsibility of the Commissioner.

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(2) From funds appropriated or available to the department, the Commissioner is authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this subsection. (c) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer ofthis state or of any county, municipality, or other political subdivision of this state to enforce the laws of this state on the premises of farmers' markets. At the request of the Commissioner, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this article.n

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 5, 2006.

REVENUE - LOCAL OPTION SALES TAX; NEW QUALIFIED MUNICIPALITIES; NEWLY
EXPANDED QUALIFIED MUNICIPALITIES.
No. 885 (House Bill No. 1403).
AN ACT
To amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, so as to change provisions relating to new qualified municipalities chartered by local Act; to make provisions for newly expanded qualified municipalities which have expanded through annexation under certain circumstances; to define terms; to provide for distribution certificates and distribution formulas; 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. Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional

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GENERAL ACTS AND RESOLUTIONS, VOL. I

qualified municipalities, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f)( I) As used in this subsection, the term: (A) 'New qualified municipality' means a municipal corporation which has been chartered by local Act since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county where the population of the unincorporated area of the county, after removal of the population of the new municipality from the unincorporated area, constitutes less than 20 percent of the population of the county according to the most recent decennial census. (B) 'Newly expanded qualified municipality' means a municipal corporation which since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 has increased its population by more than 15 percent through one or more annexations and is located in the same county as a new qualified municipality.
(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 new qualified municipality or a newly expanded qualified municipality or both, such qualified municipality or municipalities may request the commissioner to give notice of the qualified municipality's or municipalities' existence and status as a new qualified municipality or newly expanded 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 new qualified municipality or newly expanded 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 or newly expanded qualified municipality, the effective date of the 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 ofthe 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 and newly expanded qualified municipality, if any. (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 each new qualified

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municipality located wholly or partially within the special district, and each newly expanded qualified municipality, if any. 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:
(A) 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; and (B) Any newly expanded qualified municipality receives a total allocation of tax proceeds (including any amount previously allocated) 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 provided in paragraph (2) of subsection (a) of Code Section 48-8-89. For the purpose of determining the population of 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, including the census data from such census applicable to any annexed territory. (5) The commissioner shall begin to distribute the proceeds as specified in the newly filed certificate or, if such a certificate is not filed, as specified in paragraph (4) ofthis subsection on the first day of the first 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 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 5, 2006.

PROFESSIONS; COSMETOLOGY; HAIR DESIGNERS; SHAMPOO ASSISTANTS.
No. 905 (Senate Bill No. 145).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to change certain provisions relating to the Board of Cosmetology; to provide for a certificate of registration for hair designers; to provide for qualifications; to provide for application and fees; to change certain provisions relating to examination fees for application for certificate of registration; to provide for reciprocity; to provide for teaching requirements; to provide that shampoo assistants shall be authorized to comb and brush hair; 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 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-1, relating to definitions, and inserting in lieu thereof the following:
"43-10-1. As used in this chapter, the term:
( 1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology. (3) 'Board' means the State Board of Cosmetology. (4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair;

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(D) Performs nail care, pedicure, or manicuring services as defined in paragraph (9) of this Code section; or (E) Performs the services of an esthetician as defined in paragraph (5) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean a person who only braids the hair by hairweaving; interlocking;twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such person shall be subject to the provisions of this chapter. Such term shall not apply to a person whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face or neck of a person; (B) Trimming eyebrows; (C) Dyeing eyelashes or eyebrows; or (D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. Such term shall not apply to a person whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (6) Reserved. (7) 'Hair designer' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; or (B) Singes and shampoos the hair or dyes the hair. (8) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation. (9) 'Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person. (10) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their pro grams shall be considered to be 'board approved.'

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( 11) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their pro grams shall be considered to be 'board approved.' ( 12) Reserved. ( 13) 'School of hair design' means any establishment that receives compensation for training more than one person in the occupation of hair design as defined in paragraph (7) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair design within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (14) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (9) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved."

SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following:
"(c) The board shall meet as necessary each year for the purpose of adopting rules and regulations and handling other matters pertaining to duties ofthe board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter."

SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, inspections, and unsanitary condition as a nuisance, and inserting in lieu thereof the following:
"(a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements ofbeauty shops, beauty salons, schools ofcosmetology, schools of esthetics, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon,

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school of cosmetology, school of esthetics, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers. n

SECTION 4. Said chapter is further amended by striking in its entirety Code Section 43-10-8, relating to a requirement for a certificate ofregistration, and inserting in lieu thereof the following:
"43-1 0-8. (a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist or hair designer without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4) ofCode Section 43-10-1. (c) Reserved. (d) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair design services shall be allowed to obtain a certificate of registration at the hair design level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. (e) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1.
(f)(l) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed too btain a certificate of registration at the nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July I, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985.

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(g) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, hair design salon, school of cosmetology, school of hair design, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the division director of the professional licensing boards prior to opening. (h) This chapter shall have uniform application throughout the state so that no cosmetologist, hair designer, beauty shop, school of cosmetology, school of hair design, school of esthetics, or school of nail care shall be exempt from regulation."

SECTION 5. Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to applications for certificates ofregistration, examination, and reciprocity, and inserting in lieu thereof the following:
"43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or co liege degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until

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the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) Reserved.
(f)(l) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair design shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair design salon for a period of at least 2,650 credit hours; has practiced or studied the occupation of hair design; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair design. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006.

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(2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair design license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair design or the teaching of hair design at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair design outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (g)(l) Any person desiring to obtain a certificate of registration at the esthetician level under the terms ofthis chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be

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authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current esthetic ian license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of esthetician or the teaching ofesthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (h)(l) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician leve 1. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current nail technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without

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examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of nail technician or the teaching of nail care at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice nail care outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (i) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the hair design level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (j) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 25 0 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (k) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section.'

SECTION 6. Said chapter is further amended by striking in its entirety subsection (g) of Code Section 43-1 0-l 0, relating to display of certificate of registration, renewal, reinstatement, continuing education requirements, and exemptions, and inserting in lieu thereof the following:
'(g) Courses in cosmetology, hair design, nail technology, esthetics, computers, business, or health and safety issues offered by schools under the jurisdiction of the Board of Regents of the University System of Georgia, the Department of Technical and Adult Education, the Department of Education, or any accredited postsecondary institution shall satisfy the continuing education requirement without a request to the board for approval or registration:

SECTION 7. Said chapter is further amended by striking in its entirety Code Section 43-10-11, relating to registration of shops, salons, and schools, and inserting in lieu thereof the following:
"43-10-11. All beauty shops, salons, schools of cosmetology, schools of hair design, schools of esthetics, and schools of nail care shall be registered with the division director

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by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division director; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school."

SECTION 8. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-10-12, relating to regulation and permits for schools and teachers and instructors, and inserting in lieu thereof the following:
"( e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master level. (B) A person holding a current cosmetology license at the master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board s discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 500 hours of board approved instructor training in esthetics ofat least nine months; (iii) Has one year of work experience at the esthetician or master level; and

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(iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours ofcontinuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 250 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5) Reserved. (6)(A) A person desiring to teach at the hair designer level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the hair designer or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in hair design of at least four months; (iii) Has one year of work experience at the hair designer or master level; and (iv) Has passed both a written and a practical examination to become an instructor in hair design. (B) A person holding a current cosmetology license at the hair designer or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in

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education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the hair designer level. (7) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct suspended, A person failing to renew his or her instructor's license within two years after expiration shall be required to pay a reinstatement fee after board review. (8) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education, Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology.n

SECTION 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-13, relating to the right to set course of study for students and application for examination, and inserting in lieu thereof the following:
'(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of hair design, schools of esthetics, and schools of nail care within this state.n

SECTION 10. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-14, relating to study by persons 17 years of age and older, registration of students and apprentices, and registration certificate, and inserting in lieu thereof the following:
n(a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a certificate of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate or a hair design

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certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of hair design who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter, Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of esthetics who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter, Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter, Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months' experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director, The shop owner shall file a statement in writing, showing the apprentice s name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity.'

SECTION 11. Said chapter is further amended by striking in its entirety Code Section 43-10-17, relating to employment of persons to wash and shampoo hair in beauty shops or salons, and inserting in lieu thereof the following:

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'43-10-17. Notwithstanding any other provision of this chapter, a beauty shop or salon shall be authorized to employ persons to wash, shampoo, comb, and brush hair, and such persons shall not be required to be registered by the board.'

SECTION 12. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-19, relating to a penalty, and inserting in lieu thereof the following:
'(a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of hair design, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor.'

SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 5, 2006.

PROFESSIONS- COSMETOLOGY; EXAMINATION FEES.
No. 906 (House Bill No. 1170).
AN ACT
To amend Chapter 10 of Title 4he Official Code ofGeorgia Annotated, relating to cosmetologists, so as to change certain provisions relating to the Board of Cosmetology; to change certain provisions relating to examination fees for

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application for certificate of registration; 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 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following:
'(c) The board shall meet as necessary each year for the purpose of adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter.'

SECTION 2. Said chapter is further amended by striking Code Section 43-10-9, relating to application for certificate of registration, examination, work permit, reciprocity, study at technical college or public school, and eligibility oflicensed barber, and inserting in lieu thereof the following:
'43-1 0-9. (a) Any person desiring to obtain a certificate ofregistration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation ofcosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing,

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stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and pays a fee and submits an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course ofat least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000.

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(f) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is ofgood moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed ofthe requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board ofEducation approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (i) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section.'

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 5, 2006.

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CRIMINAL PROCEDURE- GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL; RATIFY CRIMINAL DEFENSE PERFORMANCE STANDARDS.

No. 907 (Senate Resolution No. 954).

A RESOLUTION

Ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; and for other purposes.

WHEREAS, Code Section 17-12-8 of the O.C.G.A. provides that the initial minimum standards promulgated by the Standards Council which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council, hereinafter referred to as the "Legislative Oversight Committee," to have a fiscal impact shall be submitted by the Standards Council to the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval ofthe resolution by the Governor or upon its becoming law without such approval; and

WHEREAS, the Standards Council adopted the Performance Standard on May 21, 2004; and

WHEREAS, the Legislative Oversight Committee at its meeting on March 23, 2005, reviewed and determined that the Performance Standard has a fiscal impact; and

WHEREAS, a copy of the original document containing the Performance Standard is attached to and made a part of this resolution; and

WHEREAS, the original document containing the Performance Standard is signed by the chairperson of the Standards Council and is on file in the official records maintained by the Standards Council; and

WHEREAS, the request for legislative ratification ofthe Performance Standard has been submitted to the General Assembly in accordance with subsection (c) of Code Section 17-12-8 of the O.C.G.A. and it is the desire of the General Assembly to ratify and approve such standard.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly hereby ratifies and approves the Performance Standard adopted by the Standards Council and approved by the Legislative Oversight Committee on March 23,2005. A copy of the Performance Standard has been presented to the Legislative Oversight Committee and is attached to this resolution, and the original document is on file in the official records maintained by the Standards Council.

BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval.

STATE OF GEORGIA PERFORMANCE STANDARDS FOR CRIMINAL DEFENSE REPRESENTATION
IN INDIGENT CRIMINAL CASES

Georgia Public Defender Standards Council Performance Standards Committee Adopted May 21, 2004

Introduction to Performance Standards

The Performance Standards for Criminal Defense Representation in Indigent Criminal Cases are promulgated by the Georgia Public Defender Standards Council pursuant to the statutory mandate ofO.C.G.A. 17-12-8. The standards are intended to serve several purposes, first and foremost to encourage public defenders, assistant public defenders and appointed counsel to perform to a high standard of representation and to promote professionalism in the representation of indigent defendants.

The Standards are intended to alert defense counsel to courses of action that may be necessary, advisable, or appropriate, and thereby to assist attorneys in deciding upon the particular actions that must be taken in each case to ensure that the client receives the best representation possible. The Standards are also intended to provide a measure by which the Council can evaluate the performance of individual attorneys and circuit public defender offices, and to assist the Council in training and supervising attorneys.

The language of these Standards is general, implying flexibility of action which is appropriate to the situation. Use ofjudgment in deciding upon a particular course of action is reflected by the phrases "should consider" and "where appropriate." In those instances where a particular action is absolutely essential to providing quality representation, the Standards use the words "should" or "shall." Even where the

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Standards use the words "should" or "shall," in certain situations the lawyer's best informed professional judgment and discretion may indicate otherwise.

The Council acknowledges that there is an unending variety of circumstances presented by criminal cases and that this variation in combination with changes in criminal law and procedure requires that attorneys approach each new case with a fresh outlook. Therefore, though the Standards are intended to be comprehensive, they are not exhaustive. Depending upon the type of case and the particular jurisdiction, there may well be additional actions that an attorney should take or should consider taking in order to provide zealous and effective representation.

These Standards are not intended to be used as criteria for the judicial evaluation of alleged misconduct of defense counsel to determine the validity of a conviction. The Standards may or may not be relevant to such a judicial determination, depending upon all of the circumstances of the individual case.

Performance Standard l.A Obligations of Defense Counsel

The primary and most fundamental obligation of a criminal defense attorney is to provide zealous and effective representation for their clients at all stages of the criminal process. The defense attorney's duty and responsibility is to promote and protect the best interests of the client. Ifpersonal matters make it impossible for the defense counsel to fulfill the duty of zealous representation, he or she has a duty to refrain from representing the client. Attorneys also have an obligation to uphold the ethical standards of the State Bar of Georgia and to act in accordance with the Uniform Rules of Court.

Performance Standard l.B Training and Experience of Defense Counsel

(A) In order to provide quality legal representation, counsel must be familiar with the substantive criminal law and the law of criminal procedure and its application in the State of Georgia. Counsel has a continuing obligation to stay abreast of changes and developments in the law. (B) Prior to agreeing to undertake representation in a criminal matter, counsel should have sufficient experience or training to provide effective representation. (C) Attorneys who are being considered for appointment to represent individuals who are charged with capital offenses in which the State is seeking death must meet the criteria set forth in the Unified Appeal Procedures for the trial of Death Penalty Cases as adopted by the Supreme Court of Georgia.

Performance Standard l.C General Duties of Defense Counsel

(A) Before agreeing to act as counsel or accepting appointment by a court, counsel has an obligation to make sure that counsel has available sufficient time, resources, knowledge and experience to offer effective representation to a defendant in a

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particular matter. If it later appears that counsel is unable to offer effective representation in the case, counsel should move to withdraw. (B) Counsel must be alert to all potential and actual conflicts of interest that would impair counsel's ability to represent a client. When appropriate, counsel may be obliged to seek an advisory opinion on any potential conflicts. (C) Counsel has the obligation to keep the client informed of the progress of the case. (D) If a conflict develops during the course of representation, counsel has a duty to notify the client and the court in accordance with the Uniform Rules of Court and in accordance with the Disciplinary Rules of the State Bar of Georgia. (E) When counsel's caseload is so large that counsel is unable to satisfactorily meet these performance standards, counsel shall inform the Circuit Public Defender for counsel's judicial circuit and the court or courts before whom counsel's cases are pending. If the Circuit Public Defender determines that the caseloads for his entire office are so large that counsel is unable to satisfactorily meet these performance standards, the Circuit Public Defender shall inform the court or courts before whom cases are pending and the Director of the Georgia Public Defender Standards Council.

Performance Standard 2.A 0 bligations ofCounsel Regarding Pretrial Release

(A) Counsel or a representative of counsel have an obligation to meet with incarcerated defen dan ts within 72 hours of arrest, and shall take other prompt action necessary to provide quality representation including:
(a) Counsel shall invoke the protections ofappropriate constitutional provisions, federal and state laws, statutory provisions, and court rules on behalfof a client, and revoke any waivers of these protections purportedly given by the client, as soon as practicable via a notice of appearance or other pleading filed with the State and court.
(b) Where possible, counsel shall represent an incarcerated client at the USCR Rule 26.1 First Appearance hearing (County of Riverside v. McLaughlin, 500 U.S. 44 (1991)) in order to contest probable cause for a client arrested without an arrest warrant, to seek bail on favorable terms (after taking into consideration the adverse impact, if any, such efforts may have upon exercising the client's right to a full Pretrial Release hearing at a later date), to invoke constitutional and statutory protections on behalf of the client, and otherwise advocate for the interests of the client. (B) Counsel has an obligation to attempt to secure the pretrial release of the client.

Performance Standard 2.B Counsel's Initial Interview With Client

(A) Preparing for the Initial Interview: Prior to conducting the initial interview the attorney should, where possible:
(a) be familiar with the elements of the offense(s) and the potential punishment(s), where the charges against the client are already known; and

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(b) obtain copies ofany relevant documents which are available, including copies of any charging documents, recommendations and reports made by bail agencies concerning pretrial release, and law enforcement reports that might be available. In addition, where the Client is incarcerated, the attorney should:
(a) be familiar with the legal criteria for determining pretrial release and the procedures that will be followed in setting those conditions;
(b) be familiar with the different types of pretrial release conditions the court may set and whether private or public agencies are available to act as a custodian for the client's release; and
(c) be familiar with any procedures available for reviewing the trial judge's setting of bail. (B) Conducting the Interview:
(a) The purpose of the initial interview is to acquire information from the client concerning the case, the client and pre-trial release, and also to provide the client with information concerning the case. Counsel should ensure at this and all successive interviews and proceedings that barriers to communication, such as differences in language or literacy, be overcome. In addition, counsel should obtain from the client all release forms necessary to obtain client's medical, psychological, education, military, prison and other records as may be pertinent.
(b) Counsel shall complete the GPDSC interview form proscribed for use at the initial interview. Information that should be acquired from the client, includes, but is not limited to:
(I) the facts surrounding the charges leading to the client's arrest, to the extent the client knows and is willing to discuss these facts;
(2) the client's version of arrest, with or without warrant; whether client was searched and if anything was seized, with or without warrant or consent; whether client was interrogated and if so, was a statement given; client's physical and mental status at the time the statement was given; whether any exemplars were provided and whether any scientific tests were performed on client's body or body fluids;
(3) the names and custodial status of all co-defendants and the name of counsel for co-defendants (if counsel has been appointed or retained);
(4) the names and locating information of any witnesses to the crime and/or the arrest; regardless of whether these are witnesses for the prosecution or for the defense; the existence of any tangible evidence in the possession of the State (when appropriate, counsel should take steps to insure this evidence is preserved);
(5) the client's ties to the community, including the length of time he or she has lived at the current and former addresses, any prior names or alias used, family relationships, immigration status (if applicable), employment record and history, and social security number;
(6) the client's physical and mental health, educational, vocational and armed services history;
(7) the client's immediate medical needs including the need for detoxification programs and/or substance abuse treatment;

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(8) the client's past criminal record, if any, including arrests and convictions for adult and juvenile offenses and prior record of court appearances or failure to appear in court; counsel should also determine whether the client has any pending charges or outstanding warrants from other jurisdictions or agencies and also whether he or she is on probation (including the nature of the probation, such as "first offender") or parole and the client's past or present performance under supervision;
(9) the names of individuals or other sources that counsel can contact to verify the information provided by the client (counsel should obtain the permission of the client before contacting these individuals);
(1 0) the ability of the client to meet any financial conditions of release (for clients who are incarcerated); and
( 11) where appropriate, evidence of the client's competence to stand trial and/or mental state at the time of the offense, including releases from the client for any records for treatment or testing for mental health or mental retardation.
(c) Information to be provided to the client, includes, but is not limited to: (I) a general overview of the procedural progression of the case, where
possible; (2) an explanation of the charges and the potential penalties; (3) an explanation of the attorney client privilege and instructions not to talk
to anyone about the facts of the case without first consulting with the attorney; and (4) the names of any other persons who may be contacting the client on behalf
of counsel. For clients who are incarcerated:
( 1) an explanation of the procedures that will be followed in setting the conditions of pretrial release;
(2) an explanation of the type of information that will be requested in any interview that may be conducted by a pretrial release agency and also an explanation that the client should not make statements concerning the offense;
(3) warn the client ofthe dangers with regard to the search of client's cell and personal belongings while in custody and the fact that telephone calls, mail, and visitations may be monitored by jail officials; and (C) Counsel must be alert to a potential plea based on client's incompetency, insanity, mental illness or mental retardation. If counsel or the client raises a potential claim based on any of these conditions, counsel should consider seeking an independent psychological evaluation. Counsel should be familiar with the legal criteria for any plea or defense based on the defendant's mental illness or mental retardation, and should become familiar with the procedures related to the evaluation and to subsequent proceedings.
(a) Counsel should be prepared to raise the issue of incompetency during all phases of the proceedings, ifcounsel's relationship with the client reveals that such a plea is appropriate.
(b) Where appropriate, counsel should advise the client of the potential consequences of the plea of incompetency, the defense of insanity, or a plea of guilty but mentally ill or guilty but mentally retarded. Prior to any proceeding,

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counsel should consider interviewing any professional who has evaluated the client, should be familiar with all aspects of the evaluation and should seek additional expert advice where appropriate. (D) If special conditions of release have been imposed (e.g. random drug screening) or other orders restricting the client's conduct have been entered (e.g. a no contact order), the client should be advised of the legal consequences of failure to comply with such conditions.

Performance Standard 2.C Counsel's Duty in Pretrial Release Proceedings

(A) Counsel should be prepared to present to the appropriate judicial officer a statement of the factual circumstances and the legal criteria supporting release and, where appropriate, to make a proposal concerning conditions of release. (B) Where the client is not able to obtain release under the conditions set by the court, counsel should consider pursuing modification of the conditions of release under the procedures available. (C) If the court sets conditions of release which require the posting of a monetary bond or the posting of real property as collateral for release, counsel should make sure the client understands the available options and the procedures that must be followed in posting such assets. Where appropriate, counsel should advise the client and others acting in his or her behalf how to properly post such assets.

Performance Standard 3.A Counsel's Duties at Preliminary Hearing

(A) Where the client is entitled to a preliminary hearing, the attorney should take steps to see that the hearing is conducted in a timely fashion unless there are strategic reasons for not doing so. (B) In preparing for the preliminary hearing, the attorney should become familiar with:
(a) the elements of each of the offenses alleged; (b) the law of the jurisdiction for establishing probable cause; (c) factual information which is available concerning probable cause; and (d) the subpoena process for obtaining compulsory attendance of witnesses at preliminary hearing and the necessary steps to be taken in order to obtain a proper recordation of the proceedings.

Performance Standard 4.A Duty of Counsel To Conduct Investigation

(A) Counsel has a duty to conduct a prompt investigation of each case. Counsel should, regardless of the client's wish to admit guilt, insure that the charges and disposition are factually and legally correct and the client is aware of potential defenses to the charges. (B) Sources of investigative information may include the following:
(a) Arrest warrant, accusation and/or indictment documents, and copies of all charging documents in the case should be obtained and examined to determine the

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specific charges that have been brought against the accused. The relevant statutes and precedents should be examined to identify:
(I) the elements of the offense(s) with which the accused is charged; (2) the defenses, ordinary and affirmative, that may be available; (3) any lesser included offenses that may be available; and (4) any defects in the charging documents, constitutional or otherwise, such as statute of limitations or double jeopardy. (b) Information from the defendant: If not previously conducted, an in-depth interview of the client should be conducted as soon as possible and appropriate after appointment of counsel. The interview with the client should be used to obtain information as described above under the performance standards applicable to the initial interview of the client. Information relevant to sentencing should also be obtained from the client, when appropriate. (c) Interviewing witnesses: Counsel should consider the necessity to interview the potential witnesses, including any complaining witnesses and others adverse to the accused, as well as witnesses favorable to the accused. Interviews of witnesses adverse to the accused should be conducted in a manner that permits counsel to effectively impeach the witness with statements made during the interview. (d) The police and prosecution reports and documents: Counsel should make efforts to secure information in the possession of the prosecution or law enforcement authorities, including police reports. Where necessary, counsel should pursue such efforts through formal and informal discovery unless sound tactical reasons exist for not doing so. Counsel should obtain GCIC (NCIC or other states criminal history records) records for the client and for the prosecution witnesses. (e) Physical evidence: Where appropriate, counsel should make a prompt request to the police or investigative agency for any physical evidence or expert reports relevant to the offense or sentencing. Counsel should examine any such physical evidence. (f) The scene of the incident: Where appropriate, counsel should attempt to view the scene of the alleged offense as soon as possible after counsel is appointed. This should be done under circumstances as similar as possible to those existing at the time of the alleged incident (e.g., weather, time of day, and lighting conditions). (g) Securing the assistance of experts: Counsel should secure the assistance of experts where it IS necessary or appropriate to: (1) the preparation of the defense; (2) adequate understanding of the prosecution's case; or (3) rebut the prosecution's case.

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Performance Standard 4.B Formal and Informal Discovery

(A) Counsel has a duty to pursue as soon as practicable, discovery procedures provided by the rules of the jurisdiction and to pursue such informal discovery methods as may be available to supplement the factual investigation of the case. In considering discovery requests, counsel should take into account that such requests may trigger reciprocal discovery obligations. (B) Counsel should consider seeking discovery, at a minimum, of the following items:
(a) potential exculpatory information; (b) potential mitigating information; (c) the names and addresses of all prosecution witnesses, their prior statements, and criminal record, if any; (d) all oral and/or written statements by the accused, and the details of the circumstances under which the statements were made; (e) the prior criminal record of the accused and any evidence of other misconduct that the government may intend to use against the accused; (f) all books, papers, documents, photographs, tangible objects, buildings or places, or copies, descriptions, or other representations, or portions thereof, relevant to the case; (g) all results or reports of relevant physical or mental examinations, and of scientific tests or experiments, or copies thereof; (h) statements of co-defendants; (i) all investigative reports by all law enforcement and other agencies involved in the case; and U) all records of evidence collected and retained by law enforcement.

Performance Standard 4.C Development of a Theory of the Case

During investigation and trial preparation, counsel should develop and continually reassess a theory of the case. Counsel, during the investigatory stages of the case preparation must understand and develop strategies for advancing the appropriate defenses on behalf of the client.

Performance Standard S.A The Duty to File Pretrial Motions

(A) Counsel should consider filing an appropriate motion whenever there exists a good faith reason to believe that the defendant is entitled to relief which the court has discretion to grant. (B) The decision to file pretrial motions should be made after considering the applicable law in light of the known circumstances of each case. (C) Counsel should withdraw or decide not to file a motion only after careful consideration, and only after determining whether the filing of a motion may be necessary to protect the defendant's rights, including later claims of waiver or procedural default.

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Performance Standard S.B Preparing, Filing, and Arguing Pretrial Motions

(A) Motions should be filed in a timely manner, should comport with the formal requirements of the court rules and should succinctly inform the court of the authority relied upon. In filing a pretrial motion, counsel should be aware of the effect it might have upon the defendant's speedy trial rights. (B) When a hearing on a motion requires the taking of evidence, counsel's preparation for the evidentiary hearing should include:
(a) investigation, discovery and research relevant to the claim advanced; (b) the subpoenaing of all helpful evidence and the subpoenaing and preparation of all helpful witnesses; (c) full understanding of the burdens of proof, evidentiary principles and trial court procedures applying to the hearing, including the benefits and potential consequences of having the client testify; and (d) familiarity with all applicable procedures for obtaining evidentiary hearings prior to trial.

Performance Standard S.C Continuing Duty to File Pretrial Motions

Counsel should be prepared to raise during the subsequent proceedings any issue which is appropriately raised pretrial, but could not have been so raised because the facts supporting the motion were unknown or not reasonably available. Further, counsel should be prepared to renew a pretrial motion if new supporting information is disclosed in later proceedings.

Performance Standard 6.A Duty of Counsel in Plea Negotiation Process

(A) Counsel should explore with the client the possibility and desirability of reaching a negotiated disposition ofthe charges rather than proceeding to a trial and in doing so should fully explain the rights that would be waived by a decision to enter a plea and not to proceed to trial. (B) Counsel should keep the client fully informed of any continued plea discussion and negotiations and promptly convey to the accused any offers made by the prosecution for a negotiated settlement. (C) Counsel shall not accept any plea agreement without the client's express authorization. (D) The existence of ongoing tentative plea negotiations with the prosecution should not prevent counsel from taking steps necessary to preserve a defense nor should the existence of ongoing plea negotiations prevent or delay counsel's investigation into the facts of the case and preparation of the case for further proceedings, including trial.

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Performance Standard 6.B The Process of Plea Negotiations

(A) In order to develop an overall negotiation plan, counsel should be aware of, and make sure the client is aware of:
(a) the maximum term of imprisonment and fine or restitution that may be ordered, and any mandatory punishment or sentencing guideline system; and counsel should make the client aware that a guilty plea may have adverse impact upon:
(b) the possibility of forfeiture of assets; (c) other consequences of conviction including but not limited to deportation, the forfeiture of professional licensure, the ineligibility for various government programs including student loans, the prohibition from carrying a firearm, the suspension of a motor vehicle operator's license, the loss of the right to vote, and the loss of the right to hold public office; (d) any possible and likely sentence enhancements or parole consequences; (B) In developing a negotiation strategy, counsel should be completely familiar with: (a) concessions that the client might offer the prosecution as part ofa negotiated settlement, including, but not limited to:
(1) not to proceed to trial on merits of the charges; (2) to decline from asserting or litigating any particular pretrial motions; (3) an agreement to fulfill specified restitution conditions and/or participation in community work or service programs, or in rehabilitation or other programs; and (4) providing the prosecution with assistance in prosecuting or investigating the present case or other alleged criminal activity. (b) benefits the client might obtain from a negotiated settlement, including, but not limited to an agreement: ( 1) that the prosecution will not oppose the client's release on bail pending sentencing or appeal; (2) to dismiss or reduce one or more of the charged offenses either immediately, or upon completion of a deferred prosecution agreement; (3) that the defendant will not be subject to further investigation or prosecution for uncharged alleged criminal conduct; (4) that the defendant will receive, with the agreement of the court, a specified sentence or sanction or a sentence or sanction within a specified range; (5) that the prosecution will take, or refrain from taking, at the time of sentencing and/or in communications with the preparer of the official pre-sentence report, a specified position with respect to the sanction to be imposed on the client by the court; (6) that the prosecution will not present, at the time of sentencing and/or in communications with the preparer of the official pre-sentence report, certain information; and (7) that the defendant will receive, or the prosecution will recommend, specific benefits concerning the accused's place and/or manner of confinement and/or release on parole and he information concerning the accused's offense and alleged

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behavior that may be considered in determining the accused's date of release from incarceration.
(c) the position of any alleged victim with respect to conviction and sentencing. In this regard, counsel should:
( 1) consider whether interviewing the alleged victim or victims is appropriate and if so, who is the best person to do so and under what circumstances;
(2) consider to what extent the alleged victim or victims might be involved in the plea negotiations;
(3) be familiar with any rights afforded the alleged victim or victims under the Victim's Rights Act or other applicable law; and
(4) be familiar with the practice of the prosecutor and/or victim-witness advocate working with the prosecutor and to what extent, if any, they defer to the wishes of the alleged victim. (C) In conducting plea negotiations, counsel should be familiar with:
(a) the various types of pleas that may be agreed to, including a plea of guilty, a plea of nolo contendere, a conditional plea of guilty, First Offender, Conditional Discharge, and a plea in which the defendant is not required to personally acknowledge his or her guilt (North Carolina v. Alford plea) ;
(b) the advantages and disadvantages of each available plea according to the circumstances of the case; and
(c) whether the plea agreement is binding on the court and prison and parole authorities. (D) In conducting plea negotiations, counsel should attempt to become familiar with the practices and policies of the particular jurisdiction, judge and prosecuting authority, and probation department which may affect the content and likely results of negotiated plea bargains.

Performance Standard 6.C The Decision to Enter a Plea of Guilty

(A) Counsel should inform the client ofany tentative negotiated agreement reached with the prosecution, and explain to the client the full content of the agreement, and the advantages and disadvantages of the potential consequences of the agreement. (B) The decision to enter a plea of guilty rests solely with the client, and counsel should not attempt to unduly influence that decision. (C) If client is a juvenile, consideration should be given to the request that a guardian be appointed to advise the juvenile if an adult family member is not available to act in a surrogate role. (D) A negotiated plea should be committed to writing whenever possible.

Performance Standard 6.D Entering the Negotiated Plea before the Court

(A) Prior to the entry of the plea, counsel should: (a) make certain that the client understands the rights he or she will waive by
entering the plea and that the clients decision to waive those rights is knowing, voluntary and intelligent;

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(b) make certain that the client receives a full explanation of the conditions and limits of the plea agreement and the maximum punishment, sanctions and collateral consequences the client will be exposed to by entering a plea;
(c) explain to the client the nature of the plea hearing and prepare the client for the role he or she will play in the hearing, including answering questions of the judge and providing a statement concerning the offense; and
(d) make certain that if the plea is a non negotiated plea, the client is informed that once the plea has been accepted by the court, it may not be withdrawn after the sentence has been pronounced by the court. (B) When entering the plea, counsel should make sure that the full content and conditions of the plea agreement are placed on the record before the court. (C) After entry of the plea, counsel should be prepared to address the issue of release pending sentencing. Where the client has been released pretrial, counsel should be prepared to argue and persuade the court that the client's continued release is warranted and appropriate. Where the client is in custody prior to the entry of the plea, counsel should, where practicable, advocate for and present to the court all reasons warranting the client's release on bail pending sentencing.

Performance Standard 7.A Counsel's Duty of Trial Preparation

(A) The decision to proceed to trial with or without a jury rests solely with the client. Counsel should discuss the relevant strategic considerations of this decision with the client. (B) Where appropriate, counsel should have the following materials available at the time of trial:
(a) copies of all relevant documents filed in the case; (b) relevant documents prepared by investigators; (c) voir dire questions; (d) outline or draft of opening statement; (e) cross-examination plans for all possible prosecution witnesses; (f) direct examination plans for all prospective defense witnesses; (g) copies of defense subpoenas; (h) prior statements of all prosecution witnesses (e.g., transcripts, police reports) and counsel should have prepared transcripts of any audio or video taped witness statements; (i) prior statements of all defense witnesses; (j) reports from defense experts; (k) a list of all defense exhibits, and the witnesses through whom they will be introduced; (1) originals and copies of all documentary exhibits; (m) proposed jury instructions with supporting case citations; (n) where appropriate, consider and list the evidence necessary to support the defense requests for jury instructions: (o) copies of all relevant statutes and cases; and (p) outline or draft of closing argument.

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(C) Counsel should be fully informed as to the rules of evidence, court rules, and the law relating to all stages of the trial process, and should be familiar with legal and evidentiary issues that can reasonably be anticipated to arise in the trial. (D) Counsel should decide if it is beneficial to secure an advance ruling on issues likely to arise at trial (e.g., use of prior convictions to impeach the defendant) and, where appropriate, counsel should prepare motions and memoranda for such advance rulings. (E) Throughout the trial process counsel should endeavor to establish a proper record for appellate review. Counsel must be familiar with the substantive and procedural law regarding the preservation of legal error for appellate review, and should insure that a sufficient record is made to preserve appropriate and potentially meritorious legal issues for such appellate review unless there are strategic reasons for not doing so. (F) Where appropriate, counsel should advise the client as to suitable courtroom dress and demeanor. If the client is incarcerated, counsel should be alert to the possible prejudicial effects of the client appearing before the jury in jail or other inappropriate clothing. If necessary, counsel should file pre-trial motions to insure that the client has appropriate clothing and the court personnel follow appropriate procedures so as not to reveal to jurors that the defendant is incarcerated. (G) Counsel should plan with the client the most convenient system for conferring throughout the trial. Where necessary, counsel should seek a court order to have the client available for conferences. (H) Throughout preparation and trial, counsel should consider the potential effects that particular actions may have upon sentencing if there is a finding of guilt. (I) Counsel shall take necessary steps to insure full official recordation of all aspects of the court proceeding.

Performance Standard 7.B Jury Selection

(A) Preparing for Voir Dire (a) Counsel should be familiar with the procedures by which a jury venire is
selected in the particular jurisdiction and should be alert to any potential legal challenges to the composition or selection of the venire.
(b) Counsel should be familiar with the local practices and the individual trial judge's procedures for selecting a jury from a panel of the venire, and should be alert to any potential legal challenges to these procedures.
(c) Prior to jury selection, counsel should seek to obtain a prospective juror list. (d) Where appropriate, counsel should develop voir dire questions in advance of trial. Counsel should tailor voir dire questions to the specific case. Among the purposes voir dire questions should be designed to serve are the following:
(I) to elicit information about the attitudes of individual jurors, which will inform counsel and defendant about peremptory strikes and challenges for cause;
(2) to convey to the panel certain legal principles which are critical to the defense case;

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(3) to preview the case for the jurors so as to lessen the impact of damaging information which is likely to come to their attention during the trial;
(4) to present the client and the defense case in a favorable light, without prematurely disclosing information about the defense case to the prosecutor; and
(5) to establish a relationship with the jury. (e) Counsel should be familiar with the law concerning mandatory and discretionary voir dire inquiries so as to be able to defend any request to ask particular questions of prospective jurors. (f) Counsel should be familiar with the law concerning challenges for cause and peremptory strikes. Counsel should also be aware of the law concerning whether peremptory challenges need to be exhausted in order to preserve for appeal any challenges for cause which have been denied. (g) Where appropriate, counsel should consider whether to seek expert assistance in the jury selection process. (B) Examination of the Prospective Jurors (a) Counsel should personally voir dire the panel. (b) Counsel should take all steps necessary to protect the voir dire record for appeal, including, where appropriate, filing a copy of the proposed voir dire questions or reading proposed questions into the record. (c) If the voir dire questions may elicit sensitive answers, counsel should consider requesting that questioning be conducted outside the presence of the other jurors and counsel should consider requesting that the court, rather than counsel, conduct the voir dire as to those sensitive questions. (d) In a group voir dire, counsel should avoid asking questions which may elicit responses which are likely to prejudice other prospective jurors. (C) Challenging the Jurors for Cause (a) Counsel should consider challenging for cause all persons about whom a legitimate argument can be made for actual prejudice or bias relevant to the case when it is likely to benefit the client.

Performance Standard 7.C Opening Statement

(A) Prior to delivering an opening statement, counsel should ask for sequestration of witnesses, unless a strategic reason exists for not doing so. (B) Counsel should be familiar with the law of the jurisdiction and the individual trial judge's rules regarding the permissible content of an opening statement. (C) Counsel should consider the strategic advantages and disadvantages of disclosure of particular information during opening statement and of deferring the opening statement until the beginning of the defense case. (D) Counsel's objective in making an opening statement may include the following:
(a) to provide an overview of the defense case; (b) to identify the weaknesses of the prosecution's case; (c) to emphasize the prosecution's burden of proof;

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(d) to summarize the testimony of witnesses, and the role of each in relationship to the entire case;
(e) to describe the exhibits which will be introduced and the role of each in relationship to the entire case;
(f) to clarify the jurors responsibilities; (g) to state the ultimate inferences w?ich counsel wishes the jury to draw; and (h) to establish counsel's credibility with the jury. (E) Counsel should consider incorporating the promises of proof the prosecutor makes to the jury during opening statement in the defense summation. (F) Whenever the prosecutor oversteps the bounds of proper opening statement, counsel should consider objecting, requesting a mistrial, or seeking cautionary instructions, unless tactical considerations suggest otherwise.

Performance Standard 7.D Preparation for Challenging the Prosecution's Case

(A) Counsel should attempt to anticipate weaknesses in the prosecution's proofand consider researching and preparing corresponding motions for judgment of acquittal. (B) Counsel should consider the advantages and disadvantages of entering into stipulations concerning the prosecution's case. (C) In preparing for cross-examination, counsel should be familiar with the applicable law and procedures concerning cross-examinations and impeachment of witnesses. In order to develop material for impeachment or to discover documents subject to disclosure, counsel should be prepared to question witnesses as to the existence of prior statements which they may have made or adopted. (D) In preparing for cross-examination, counsel should:
(a) consider the need to integrate cross-examination, the theory of the defense and closing argument;
(b) consider whether cross-examination of each individual witness is likely to generate helpful information;
(c) anticipate those witnesses the prosecutor might call in its case-in-chief or in rebuttal;
(d) consider a cross-examination plan for each of the anticipated witnesses; (e) be alert to inconsistencies in a witness testimony; (f) be alert to possible variations in witnesses' testimony; (g) review all prior statements of the witnesses and any prior relevant testimony of the prospective witnesses; (h) have prepared a transcript of all audio or video tape recorded statements made by the witness; (i) where appropriate, review relevant statutes and local police policy and procedure manuals, disciplinary records and department regulations for possible use in cross-examining police witnesses; U) be alert to issues relating to witness credibility, including bias and motive for testifying; and

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(k) have prepared, for introduction into evidence, all documents which counsel intends to use during the cross-examination, including certified copies of records such as prior convictions of the witness or prior sworn testimony of the witness. (E) Counsel should consider conducting a voir dire examination of potential prosecution witnesses who may not be competent to give particular testimony, including expert witnesses whom the prosecutor may call. Counsel should be aware of the applicable law of the jurisdiction concerning competency ofwitnesses in general and admission of expert testimony in particular in order to be able to raise appropriate objections. (F) Before beginning cross-examination, counsel should ascertain whether the prosecutor has provided copies of all prior statements of the witnesses as required by applicable law. If counsel does not receive prior statements of prosecution witnesses until they have completed direct examination, counsel should request adequate time to review these documents before commencing cross-examination. (G) Where appropriate, at the close of the prosecution's case and out of the presence ofthe jury, counsel should move for a judgment ofacquittal on each count charged. Counsel should request, when necessary, that the court immediately rule on the motion, in order that counsel may make an informed decision about whether to present a defense case.

Performance Standard 7.E Presenting the Defendant's Case

(A) Counsel should develop, in consultation with the client, an overall defense strategy. In deciding on defense strategy, counsel should consider whether the client's interests are best served by not putting on a defense case, and instead relying on the prosecution's failure to meet its constitutional burden of proving each element beyond a reasonable doubt. Counsel should also consider the tactical advantage of having final closing argument when making the decision whether to present evidence other than the defendant's testimony. (B) Counsel should discuss with the client all of the considerations relevant to the client's decision to testify. Counsel should also be familiar with his or her ethical responsibilities that may be applicable ifthe client insists on testifying untruthfully. (C) Counsel should be aware of the elements of any affirmative defense and know whether, under the applicable law of the jurisdiction, the client bears a burden of persuasion or a burden of production. (D) In preparing for presentation of a defense case, counsel should, where appropriate:
(a) develop a plan for direct examination of each potential defense witness; (b) determine the implications that the order of witnesses may have on the defense case; (c) determine what facts necessary for the defense case can be elicited through the cross-examination of the prosecution's witnesses; (d) consider the possible use of character witnesses; (e) consider the need for expert witnesses and what evidence must be submitted to lay the foundation for the expert's testimony;

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(f) review all documentary evidence that must be presented; and (g) review all tangible evidence that must be presented. (E) In developing and presenting the defense case, counsel should consider the implications it may have for a rebuttal by the prosecutor. (F) Counsel should prepare all witnesses for direct and possible cross-examination. Where appropriate, counsel should also advise witnesses of suitable courtroom dress and demeanor. (G) Counsel should conduct redirect examination as appropriate. (H) At the close of the defense case, counsel should renew the motion for a directed verdict of acquittal on each charged count.

Performance Standard 7.F Preparation of the Closing Argument

(A) Counsel should be familiar with the substantive limits on both prosecution and defense summation. (B) Counsel should be familiar with the court rules, applicable statutes and law, and the individual judge's practice concerning time limits and objections during closing argument, and provisions for rebuttal argument by the prosecution. (C) In developing closing argument, counsel should review the proceedings to determine what aspects can be used in support of defense summation and, where appropriate, should consider:
(a) highlighting weaknesses in the prosecution's case; (b) describing favorable inferences to be drawn from the evidence; (c) incorporating into the argument:
(1) helpful testimony from direct and cross-examinations; (2) verbatim instructions drawn from the jury charge; and (3) responses to anticipated prosecution arguments; (d) and the effects of the defense argument on the prosecutor's rebuttal argument. (D) Whenever the prosecutor exceeds the scope of permissible argument, counsel should consider objecting, requesting mistrial, or seeking cautionary instructions unless tactical considerations suggest otherwise. Such tactical considerations may include, but are not limited to: (a) whether counsel believes that the case will result in a favorable verdict for the client; (b) the need to preserve the objection for appellate review; or (c) the possibility that an objection might enhance the significance of the information in the jury's mind.

Performance Standard 7.G Jury Instructions

(A) Counsel should be familiar with the Uniform Rules of Court and the individual judges practices concerning ruling on proposed instructions, charging the jury, use of standard charges and preserving objections to the instructions. (B) Counsel should always submit proposed jury instructions in writing.

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(C) Where appropriate, counsel should submit modifications of the standard jury instructions in light of the particular circumstances of the case, including the desirability of seeking a verdict on a lesser included offense. Where possible, counsel should provide citations to case law in support ofthe proposed instructions. (D) Where appropriate, counsel should object to and argue against improper instructions proposed by the prosecution. (E) If the court refuses to adopt instructions requested by counsel, or gives instructions over counsel's objection, counsel should take all steps necessary to preserve the record, including, where appropriate, filing a written copy of proposed instructions. (F) During delivery of the charge, counsel should be alert to any deviations from the judge's planned instructions, object to deviations unfavorable to the client, and, if necessary request additional or curative instructions. (G) If the court proposes giving supplemental instructions to the jury, either upon request of the jurors or upon their failure to reach a verdict, counsel should request that the judge state the proposed charge to counsel before it is delivered to the jury. Counsel should renew or make new objections to any additional instructions given to the jurors after the jurors have begun their deliberations. (H) Counsel should reserve the right to make exceptions to the jury instructions above and beyond any specific objections that were made during the trial.

Performance Standard S.A Obligations of Counsel at Sentencing Hearing

(A) Among counsel's obligations in the sentencing process are: (a) where a defendant chooses not to proceed to trial, to ensure that a plea
agreement is negotiated with consideration ofthe sentencing, correctional, financial and collateral implications;
(b) to ensure the client is not harmed by inaccurate information or information that is not properly before the court in determining the sentence to be imposed;
(c) to ensure all reasonably available mitigating and favorable information, which is likely to benefit the client, is presented to the court;
(d) to develop a plan which seeks to achieve the least restrictive and burdensome sentencing alternative that is most acceptable to the client, and which can reasonably be obtained based on the facts and circumstances of the offense, the defendant's background, the applicable sentencing provisions, and other information pertinent to the sentencing decision;
(e) to ensure all information presented to the court which may harm the client and which is not shown to be accurate and truthful or is otherwise improper is stricken from the text of the pre-sentence investigation report before distribution of the report; and
(f) to consider the need for and availability of sentencing specialists, and to seek the assistance of such specialists whenever possible and warranted.

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Performance Standard 8.B Sentencing Options, Consequences and Procedures

(A) Counsel should be familiar with the sentencing provisions and options applicable to the case, including;
(a) any sentencing guideline structure; (b) deferred sentence, judgment without a finding, and diversionary programs; (c) expungement and sealing of records; (d) probation or suspension ofsentence and permissible conditions ofprobation; (e) the potential of recidivist sentencing; (t) fines, associated fees and court costs; (g) victim restitution; (h) reimbursement of attorneys' fees; (i) imprisonment including any mandatory minimum requirements; U) the effects of "guilty but mentally ill" and "not guilty by reason of insanity" pleas; and (k) civil forfeiture implications of a guilty plea. (B) Counsel should be familiar with direct and collateral consequences of the sentence and judgment, including: (a) credit for pre-trial detention; (b) parole eligibility and applicable parole release ranges (if applicable); (c) place of confinement and level of security and classification criteria used by Department of Corrections; (d) eligibility for correctional and educational programs; (e) availability of drug rehabilitation programs, psychiatric treatment, health care, and other treatment programs; (t) deportation and other immigration consequences; (g) loss of civil rights; (h) impact of a fine or restitution and any resulting civil liability; (i) possible revocation of probation, possible revocation of first offender status, or possible revocation of parole status if client is serving a prior sentence on a parole status; (k) suspension of a motor vehicle operator s permit; (I) prohibition of carrying a firearm; and (m) other consequences of conviction including but not limited to, the forfeiture of professional licensure, the ineligibility for various government programs including student loans, registration as a sex offender, loss of public housing and the loss of the right to hold public office. (C) Counsel should be familiar with the sentencing procedures, including: (a) the effect that plea negotiations may have upon the sentencing discretion of the court; (b) the availability of an evidentiary hearing and the applicable rules of evidence and burdens of proof at such a hearing; (c) the use of "Victim Impact" evidence at any sentencing hearing; (d) the right of the defendant to speak prior to being sentenced;

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(e) any discovery rules and reciprocal discovery rules that apply to sentencing hearings; and
(f) the use of any sentencing guidelines. (D) Where the Court uses a pre-sentence report, counsel should be familiar with:
(a) the practices of the officials who prepare the pre-sentence report and the defendant's rights in that process;
(b) the access to the pre-sentence report by counsel and the defendant; (c) the prosecution's practice in preparing a memorandum on punishment; and (d) the use of a sentencing memorandum by the defense.

Performance Standard S.C Preparation for Sentencing

(A) In preparing for sentencing, counsel should consider the need to: (a) inform the client of the applicable sentencing requirements, options, and
alternatives, and the likely and possible consequences of the sentencing alternatives;
(b) maintain regular contact with the client prior to the sentencing hearing, and inform the client of the steps being taken in preparation for sentencing;
(c) obtain from the client relevant information concerning such subjects as his or her background and personal history, prior criminal record, employment history and skills, education, medical history and condition, and financial status, family obligations, and obtain from the client sources through which the information provided can be corroborated;
(d) inform the client of his or herright to speak at the sentencing proceeding and assist the client in preparing the statement, if any, to be made to the court, considering the possible consequences that any admission of guilt may have upon an appeal, subsequent retrial or trial on other offenses;
(e) inform the client ofthe effects that admissions and other statements may have upon an appeal, retrial, parole proceedings, or other judicial proceedings, such as forfeiture or restitution proceedings;
(f) prepare the client to be interviewed by the official preparing the pre-sentence report; and ensure the client has adequate time to examine the pre-sentence report, if one is utilized by the court;
(g) inform the client of the sentence or range of sentences counsel will ask the court to consider; if the client and counsel disagree as to the sentence or sentences to be urged upon the court, counsel shall inform the client of his or her right to speak personally for a particular sentence or sentences;
(h) collect documents and affidavits to support the defense position and, where relevant, prepare witnesses to testify at the sentencing hearing; where necessary, counsel should specifically request the opportunity to present tangible and testimonial evidence; and
(i) inform the client of the operation of the Georgia Sentence Review Panel and the procedures to be followed in submitting any possible sentence to the Panel for review, if applicable.

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Performance Standard S.D The Prosecution's Sentencing Position

(A) Counsel should attempt to determine, unless there is a sound tactical reason for not doing so, whether the prosecution will advocate that a particular type or length of sentence be imposed.

Performance Standard S.E The Sentencing Process

(A) Counsel should be prepared at the sentencing proceeding to take the steps necessary to advocate fully for the requested sentence and to protect the client's interest. (B) Counsel should be familiar with the procedures available for obtaining an evidentiary hearing before the court in connection with the imposition of sentence. (C) In the event there will be disputed facts before the court at sentencing, counsel should consider requesting an evidentiary hearing. Where a sentencing hearing will be held, counsel should ascertain who has the burden of proving a fact unfavorable to the defendant, be prepared to object if the burden is placed on the defense, and be prepared to present evidence, including testimony of witnesses, to contradict erroneous or misleading information unfavorable to the defendant. (D) Where information favorable to the defendant will be disputed or challenged, counsel should be prepared to present supporting evidence, including testimony of witnesses, to establish the facts favorable to the defendant. (E) Where the court has the authority to do so, counsel should request specific orders or recommendations from the court concerning the place of confinement, probation or suspension of part or all of the sentence, psychiatric treatment or drug rehabilitation. (F) Where appropriate, counsel should prepare the client to personally address the court.

Performance Standard 9.A Motion for a New Trial

(A) Counsel should be familiar with the procedures available to request a new trial including the time period for filing such a motion, the effect it has upon the time to file a notice of appeal, and the grounds that can be raised. (B) When a judgment of guilty has been entered against the defendant after trial, counsel should consider whether it is appropriate to file a motion for a new trial with the trial court. In deciding whether to file such a motion, the factors counsel should consider include:
(a) the likelihood of success ofthe motion, given the nature of the error or errors that can be raised; and
(b) the effect that such a motion might have upon the defendant's appellate rights, including whether the filing of such a motion is necessary to, or will assist in, preserving the defendant's right to raise on appeal the issues that might be raised in the new trial motion.

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Performance Standard 9.B The Defendant's Right to an Appeal

(A) Following conviction at trial, counsel should inform the defendant of his or her right to appeal the judgment of the court and the action that must be taken to perfect an appeal. (B) Where the defendant takes an appeal, trial counsel should cooperate in providing information to appellate counsel (where new counsel is handling the appeal) concerning the proceedings in the trial court.

Performance Standard 9.C Defendant's Right To Apply to the Sentence Review Panel

(A) Counsel should insure that the Defendant is informed of the of the procedure available (where applicable) for requesting a review of his or her sentence by the Superior Court Review Panel.

Performance Standard lO.A Children Prosecuted as Adults

(A) Counsel representing a child as an adult should be familiar with the law and procedure covering children prosecuted as adults and the law and procedure of the juvenile courts. Counsel should, where possible, have received specialized training in the defense of children in the adult and juvenile courts. (B) When representing a child who is prosecuted as an adult a transfer to Juvenile Court may be a desirable defense goal; Counsel should consider involving the Juvenile Court in plea Negotiations. (C) The use of experts in evaluating juvenile sex offenders should be strongly considered. Developing issues of competency, developmental disability, Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder should also be explored. (D) The Juvenile Courts have, unlike the adult courts, treatment resources for children. Counsel should be familiar with Juvenile Court, Department of Juvenile Justice and DFACS resources and policies regarding treatment programs and funding. (E) Counsel should, whenever a child is eligible, pursue expungement ofthe child s criminal record.

Adopted by the Georgia Public Defender Standards Council on May 21,2004.

s/ EMMET J. BONDURANT Emmet J. Bondurant Chairperson

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Attested:

s/NATASHA PERDEW SILAS Natasha Perdew Silas Secretary

Approved May 5, 2006.

DEDICATE INTERCHANGES, BRIDGES, AND HIGHWAYS.
No. 908 (Senate Resolution No. 873).
A RESOLUTION
To dedicate certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Emory Parrish was born in 1929 and reared in Adel, in Cook County, Georgia; and
WHEREAS, he was born to June Jackson Parrish and Ada BelleS. Parrish; and
WHEREAS, he went to Cook County schools and graduated from Sparks-Adel High School in 1946; and
WHEREAS, in 1950, he married his high school sweetheart, Nelda Futch, and they have been blessed with 55 years of marriage, two children, two grandchildren, and two great-grandchildren; and
WHEREAS, he graduated from Georgia Tech with a degree in civil engineering and was commissioned as a 2nd Lieutenant in the United States Army Corps of Engineers; and
WHEREAS, upon graduation, he went to work for the State Highway Department until being called to active duty in July, 1951, and he spent two years in Germany while in the Army; and
WHEREAS, he was separated from active duty in 1954 and returned to work at the State Highway Department in Sylvester, Georgia; and
WHEREAS, he earned his Master's of Science degree in civil engineering in 1960, and in 1967 he was appointed the first deputy commissioner of the Department of Transportation, a position he held for 13 years; and

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WHEREAS, during his tenure at the Georgia Department of Transportation, he was involved in many projects, including serving on the committee to design and create MARTA and the initial traffic study that planned what eventually became 1-285; and

WHEREAS, his military career really began with his leaving active duty in 1954, as he held numerous positions and ended up serving as the Commanding General of the Army Reserve Command; and

WHEREAS, he retired from the Georgia Department ofTransportation in 1981 and from the military in 1983; and

WHEREAS, it is only fitting that a person who has served the people of Georgia, and the nation, so honorably for so many years should be honored by having a major interchange on a busy interstate named in his honor.

PART II WHEREAS, the Vandiver family were the original settlers of the Tallulah Falls area; and

WHEREAS, for the purpose of trading with the Native Americans, Reverend George Vandiver constructed a trading post at the junction of the Tallulah and Chattooga Rivers, which in the 1780's was the first permanently established business in the Tallulah Falls area; and

WHEREAS, Reverend George Vandiver was a soldier in the Revolutionary War who drew a pension for his honorable service in that war and who is buried in the area now known as Tallulah Gorge State Park; and

WHEREAS, Reverend George Vandiver was the first moderator of the Tugalo Baptist Convention; and

WHEREAS, in recognition and tribute to Reverend George Vandiver as a truly great patriot, minister, tradesman, and citizen of the Tallulah Falls area, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion.

PART III WHEREAS, the Vandiver family were the original settlers of the Tallulah Falls area; and

WHEREAS, the most famous of that family was Adam Poole Vandiver, due to his exploits as a hunter, trapper, pathfinder, and storyteller whose door was always open for his fellow citizen and the weary traveler who chanced upon his cabin; and

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WHEREAS, Adam Poole Vandiver served in the War of 1812 and the Creek Indian War; and

WHEREAS, Adam Poole Vandiver was wounded during the Battle of Autosee while fighting to protect the citizens of Georgia; and

WHEREAS, Adam Poole Vandiver never turned a hungry traveler from his door nor failed to give directions to any who may have been lost in the area, always being ready to assist his fellow man; and

WHEREAS, Adam Poole Vandiver was known as the "Hunter of Tallulah" and his descendants still populate the Tallulah Falls area; and

WHEREAS, in recognition and tribute to the numerous, lengthy, and detailed truths and legends which make up the legacy of Adam Poole Vandiver to the area of Tallulah Falls, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion.

PART IV WHEREAS, Mary Will was born to William and Sally Rutherford on October 1, 1910, on what is now known as SR 355; and

WHEREAS, in 1928, she married Dewey Robinson, whose family also lived on SR 355, and together they had six children; and

WHEREAS, she was widowed in 1949 and left to raise her children, one of whom was born three months after her husband's death, alone; and

WHEREAS, the family endured many hardships and all of them worked for neighboring farmers to support themselves; and

WHEREAS, Mary Will's children attended Marion County public schools and all of them grew up to be responsible adults; and

WHEREAS, Mary Will was an active member of the community, sometimes acting as midwife and sometimes serving as the undertaker, and she also cared for her widowed father until his death; and

WHEREAS, she was one of the founding members of the Brown Springs Church of God and was the last surviving member when she passed away; she rarely missed a church service and helped to care for the cemetery which is now her final resting place; and

WHEREAS, three of her sons, Clarence (Peewee), Rainey, and Benny still live in the community; and

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WHEREAS, to honor Mary Will Robinson and her life ofservice to her family, her church, and her community, it is only fitting that the highway she was born and died on should be named in her honor.

PARTV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body dedicate the interchange of routes I-75 and I-285 in Cobb County as the Emory Parrish Interchange.

BE IT FURTHER RESOLVED that Reverend George Vandiver is memorialized by the dedication of one of the bridges on US 441 immediately north of the Town of Tallulah Falls, Georgia as the Reverend George Vandiver Memorial Bridge.

BE IT FURTHER RESOLVED that Adam Poole Vandiver is memorialized by the dedication of one of the bridges on US 441 immediately north of the Town of Tallulah Falls, Georgia as the Adam Poole Vandiver Memorial Bridge.

BE IT FURTHER RESOLVED that the portion of SR 355 beginning at the intersection ofDr. Brooks Road and continuing to the intersection with SR 352, in Marion County, is dedicated as the Mary Will Robinson Memorial Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to Emory Parrish, to the family of Reverend George Vandiver, to the family of Adam Poole Vandiver, and to the family of Mary Will Robinson.

Approved May 5, 2006.

STATE GOVERNMENT ~CONVEYANCE OF STATE OWNED REAL PROPERTY.
No. 909 (Senate Resolution No. 823).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Appling County, Georgia; authorizing the conveyance of state owned real property located in Baldwin and Wilkinson County, Georgia; authorizing the conveyance of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

state owned real property located in Bibb County, Georgia; authorizing the conveyance of state owned real property located in Bulloch County, Georgia; authorizing the conveyance of state owned real property located in Emanuel County, Georgia; authorizing the conveyance of state owned real property located in Fannin County, Georgia; authorizing the conveyance ofstate owned real property located in Forsyth County, Georgia; authorizing the conveyance of state owned real property located in Gilmer County, Georgia; authorizing the conveyance of state owned real property located in Gwinnett County, Georgia; authorizing the conveyance of state owned real property located in Hall County, Georgia; authorizing the conveyance of state owned real property located in Lowndes County, Georgia; authorizing the conveyance of state owned real property located in Screven County, Georgia; authorizing the conveyance of state owned real property located in Telfair County, Georgia; authorizing the conveyance of state owned real property located in Terrell County, Georgia; authorizing the conveyance of state owned real property located in Whitfield County, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.63 7 acres, more or less, and situated, lying and being in the city of Baxley, Georgia, and being more particularly described as follows: Starting where the Southern boundary of Industrial Drive intersects the Eastern right of way of Comas Street and running in a Southwesterly direction along the Southern Boundary oflndustrial Drive to an established point; thence in a Southwesterly direction from said established point a distance of 106 feet along the Southern boundary oflndustrial Drive to an established point; thence South 7 degrees 00 minutes West a distance of 160 feet to the POINT OF BEGINNING; thence South 79 degrees 30 minutes East a distance of 70 feet to a point; thence South 00 minutes West a distance of557 feet; thence North 79 degrees 30 minutes West a distance of 70 feet to a point; thence North 7 degrees 00 minutes East a distance of 557 feet to the POINT OF BEGINNING; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 003981 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Appling County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus;

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(5) The above-described property was conveyed to the State of Georgia in April, 1969, from the Tri-County Fair Inc., a Georgia Corporation under the direction of Appling County, Georgia, for a consideration of $1 0.00; (6) Appling County is desirous of acquiring the above-described property for public purpose; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin and Wilkinson County, Georgia; (2) Said real property is all that tract or parcel ofland lying and being in GMD 328, 1714 and 115 of Baldwin and Wilkinson County, Georgia, containing approximately 576 acres, as shown on plat and outlined in yellow attached to that certain letter from Rick Hatten, Chief of Forest Management, Georgia Forestry Commission, to Mr. Frank Wall, Chairman of Call Line Industrial Authority, dated September 21, 2005, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said parcel is a portion of Bartram Forest now under the custody of the Georgia Forestry Commission; (4) The Georgia Department of Transportation intends to construct the "Fall Line Freeway" which will bisect Bartram Forest and the Fall Line Development Authority is desirous of constructing an industrial park at the intersection of the US Highway 441 and said Fall Line Freeway; (5) It has been determined that the development of said industrial park on the above-described property would be of great economic benefit to the citizens of Baldwin and Wilkinson Counties; (6) The Georgia Forestry Commission, by letter from the director dated September 21, 2005, agrees to the conveyance to the Fall Line Industrial Development Authority with the provision that Georgia Forestry Commission retains timber rights on the 576 +/- acre tract for management and harvesting until such time as the actual conversion of the land use; (7) No conveyance shall be made until the Georgia Forestry Commission formally agrees on the exact acreage to be conveyed to the Fall Line Industrial Development Authority; (8) It would be in the best interest of the State of Georgia to convey the above-described property to the Fall Line Development Authority for the fair market value; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 156 of the 4th Land District in the City of Macon containing 10 acres, more or less, as shown on a plat of survey dated April 19, 1973, containing

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5.58 acres prepared by S. J. Gostin Company, Inc. and being on file in the offices of the State Properties Commission as Real Property Record Number 5740, and a portion consisting of approximately 7 acres ofthat certain tract of land also lying and being in Land Lot 156 of the 4th Land District in the City of Macon containing 23.89 acres, more or less, prepared by S. J. Gostin Company, Inc. and being on file in the offices of the State Properties Commission as Real Property Record Number 5708, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and is located adjacent to the Macon Farmer's Market; (4) The Department of Agriculture currently leases the above-described property to Bibb County, and by letter dated October 31, 2005, the Commissioner of Agriculture declared the property surplus; (5) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bulloch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 154 7th G. M. District of Bulloch County, Georgia, containing 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Certificate of Survey prepared by Lamar 0. Reddick and dated April 1, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, and described according to metes and bounds as follows: BEGINNING at a point on the Northeast boundary of Georgia Highway No. 67, which point is located 546 feet Southeast of Statesboro Kiwanis Club line as measured along the Northeast boundary of Georgia HighwayN o. 67, and proceeding thence South 29 degrees 30 minutes East a distance of 250.0 feet as measured along the Northeast boundary of Georgia Highway No. 67 to a point; thence North 59 degrees 30 minutes East a distance of 200.0 feet as measured along lands of Statesboro Kiwanis Club to a point; thence North 29 degrees 30 minutes West a distance of 250.0 feet as measured along lands of Statesboro Kiwanis Club to a point; and thence South 59 degrees 30 minutes West a distance of200.0 feet as measured along lands of Statesboro Kiwanis Club to the point of BEGINNING; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 5215 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and was used as a livestock barn and show arena;

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(4) The Department of Agriculture currently leases the above-described property to Bulloch County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Bulloch County, Georgia in June, 1971, for a consideration of$10.00; (6) Bulloch County is desirous of acquiring the above-described property for public purpose; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Emanuel County, Georgia; (2) Said real property is all that tract or parcel of!and lying, situate, and being in the 53rd G. M. District of Emanuel County, Georgia, containing One and Sixty-Six One-Hundredths (1.66) acres, more or less, and bounded North by a County Road; East, South, and West by other lands of Emanuel County. Said property is more minutely described by plat made by C. L. Gillis, Sr., Surveyor, dated June 26, 1969, which is recorded in the Office of Clerk, Emanuel Superior Court, in Plat Book 5, Page 92; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Number 004001 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Emanuel County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Emanuel County, Georgia in June 1969 for a consideration of $10 .00; (6) Emanuel County is desirous of acquiring the above-described property for public purpose; and

WHEREAS: ( 1) The State of Georgia is the owner of a certain parcel of real property located in Fannin County, Georgia; (2) Said real property is all that tract or parcel of land containing 3.56 acres, more or less, situated, lying and being in Land Lot 315, 8th District and 2nd Section ofFannin County, Georgia, and located within the corporate city limits of the City of Blue Ridge and being more exactly described as follows: BEGINNING at a point on the South right of way line of Willingham Circle said point being marked by an iron pipe and located South 68 degrees, 15 minutes, 28 seconds, West 1035.35 feet from the iron pipe which marks the Northeast corner of said lot ofland to its intersection with the East right of way line of Georgia Highway 5 said intersection being marked by an iron pipe, the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

traverse being as follows: South 63 degrees, 16 minutes West 224.30 feet, South 59 degrees, 37 minutes West, 369.06 feet; thence South 30 degrees, 50 minutes East, 100.00 feet to a point marked by an iron pipe; thence North 66 degrees, 10 minutes East 490.00 feet to a point marked by an iron pipe; thence North 8 degrees, 19 minutes West 218.00 feet to a point marked by an iron pipe; thence North 48 degrees, 42 minutes West 87.95 feet to the point of BEGINNING, as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 539 and being on file in the offices of the State Properties Commission, less and except that certain .1 0 of one acre, more or less, tract ofland which was conveyed by the State of Georgia to the City ofBlue Ridge, Georgia by QuitClaim Deed dated February 19, 198 8, and on file in the offices of the State Properties Commission and recorded as Real Property Record Number 7520, and may be more particularly described on a plat ofsurvey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and has been used as the Blue Ridge State Farmer's Market; (4) The Department of Agriculture currently leases the above-described property to Fannin County, and by letter dated October 13, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia in February, 1957, from the City of Blue Ridge, Fannin County, Georgia for a consideration of $1 0.00; (6) The City of Blue Ridge is desirous of acquiring the above-described property for public purpose; and

WHEREAS: ( 1) The State of Georgia is the owner of two certain parcels of real property located in Forsyth County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in Land Lot 988 of the 3rd District, 1st Section of Forsyth County and containing a total of approximately 1.27 acres as shown on a plat of survey prepared by William C. Mundy, Georgia Registered Land Surveyor #2131 dated July 8, 1982, as described on those certain deeds of conveyance to the State of Georgia being recorded as Real Property Numbers 7140 and 7141, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Forestry Commission and was used as the Forsyth County Office; (4) The Georgia Forestry Commission currently leases the above-described property to Forsyth County, and by letter dated October 17, 2005, the Director of the Forestry Commission declared the property surplus; (5) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and

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WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property located in Gilmer County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 159 and 160 of the 11th District, 2nd Section of Gilmer County and containing 120 acres, more or less, as shown on a plat of survey prepared by Joel Jordan, Georgia Registered Land Surveyor #2430 dated November 30, 2005, and being on file in the offices ofthe State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of Rich Mountain Wildlife Management Area, now under the custody of the Department of Natural Resources; (4) Rhonda Chatham and David Wallace Stover have agreed to convey two (2) parcels containing 148.87 acres, more or less, constituting inholdings within Rich Mountain Wildlife Management Area in exchange for the above-described state owned parcel; (5) It has been determined that the value of the property to be conveyed to Rhonda Chatham and David Wallace Stover is equal to the value of the property to be acquired by the state and Rhonda Chatham and David Wallace Stover have agreed to pay all expenses relative to the land exchange; (6) The Department of Natural Resources by resolution dated December 7, 2005, recommended the exchange of the above-described properties; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gwinnett County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 4.67 acres lying and being in Land Lot 74 of the 7th District, Gwinnett County, Georgia and being more particularly described on a plat of survey prepared by Lloyd C. McNally Jr. Georgia Registered Land Surveyor #2040 dated May 22, 1985, and revised July 16, 1985, and July 29, 1985, a copy of which is recorded in plat book 32, page 42 in the office of clerk of Superior Court in Gwinnett County, Georgia, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The Department of Labor, by letter from the commissioner dated December 23, 2005, has determined that such improved real property and the physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same city or above-referenced county is necessary; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; (2) Said real property is all that tract or parcel of!and lying and being in Land Lot 135 and 138 of the 1Oth Land District of Hall County, Georgia, and containing 5.69 acres more or less and outlined in yellow on a plat ofsurvey prepared by Ralph G. Holland, Georgia Surveyor dated November 1, 19 57, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the existing Georgia State Patrol Post #16 in the City of Gainesville now under custody of the State of Georgia Department of Public Safety; (4) The governing authority of Hall County has proposed that Hall County finance and construct a new building and other appropriate facilities upon said property to house Post #16 and its operations; (5) Hall County must acquire the above-described property for the purpose of issuing bonds to finance construction of said building and appropriate facilities; (6) After a period of 15 years, Hall County will convey the above-described improved property to the state for a consideration of $1.00; (7) It is in the best interest of the Georgia State Patrol and Department of Pub lie Safety and the public safety generally to utilize such new buildings and facilities to house Georgia State Patrol Post #16 and its operations; (8) The Department of Public Safety by resolution dated February 15, 2006, recommends transfer of said property to Hall County for the construction of new State Patrol Post #16; and

WHEREAS: ( 1) The State of Georgia is the owner of a certain parcel of real property located in Lowndes County, Georgia; (2) Said real property is all that tract or parcel of land containing 1.32 acres more or less situated, lying and being in Land Lot 34 of the 11th Land District, Lowndes County, Georgia, and may be more particularly described on a plat of survey made by Harris Surveying and Engineering Company, Inc. dated June 30, 1989, and recorded in plat book 34, page 35 in the office of the clerk of Superior Court, Lowndes County, Georgia and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The Department of Labor, by letter from the commissioner dated December 23, 2005, has determined that such improved real property and the

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physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same city or above-referenced county is necessary; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Screven County, Georgia; (2) Said real property is all that certain tract or parcel of land situate, lying and being in the 34th G. M. District of Screven County, Georgia, containing seven and fifteen hundredth (7 .15) acres, more or less, and bounded as follows: On the Northeast by Sylvania-Rocky Ford Public Road as now established and lands of Mrs. Elizabeth Z. Pierce, a branch separating the lands herein conveyed from lands of Mrs. Pierce; on the Southeast by a public county road, known as the "Cavie Howard Road," the center line; on the South and Northwest by other lands of Screven County. For a more particular description reference is made to a plat of survey by Robert L. Bell, Surveyor, dated May 30, 1967, and recorded in Plat Book 10, Page 284, public records of Screven County, Georgia; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 004 761 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Screven County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Screven County, Georgia in June, 1967, for a consideration of$1.00; (6) Screven County is desirous of acquiring the above-described property for public purpose; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Telfair County, Georgia; (2) Said property is all that tract or parcel ofland lying and being in Land Lot 176 of the 1Oth Land District, City of Helena, Telfair County, Georgia, and containing 0.135 acres more or less, as shown on a plat of survey prepared by Grady Boney, Georgia Registered Land Surveyor #2460 dated May 3, 2001, and revised November 3, 2005, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;

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(3) Said property is a portion of existing Georgia State Patrol Post# 16 located in the City of Helena now in the custody of the State of Georgia, Department of Public Safety; and (4) Ronald E. Eddie Cravey and Russell Cravey have agreed to convey a parcel of land containing 0.236 acres more or less, being a tract of land contiguous to the existing State Patrol Post #16, in exchange for the above-described state owned parcel; (5) The exchange of properties would resolve the encroachment of a communication tower gray wire placed on the Cravey property by the state patrol; (6) The Georgia Department ofPublic Safety by resolution dated February 15, 2006, recommended the exchange of the above-described properties; and

WHEREAS: ( 1) The State of Georgia is the owner of a certain parcel of real property located in Terrell County, Georgia; (2) Said real property is all that tract or parcel of land containing .5 acres situated, lying and being in the 4th District of Terrell County and being more particularly described as follows: Run South from intersection ofNorth lot line of Lot 288 in the 4th Land District and Herod Road, a distance of 1540 feet along Herod Road to point of BEG INNING; thence run West 165 feet, thence South 132 feet, thence East 165 feet to Herod Road, thence North 143 feet along Herod Road to point ofBEGINNING, as contained on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 1292 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Forestry Commission and was used as the Terrell County Office; (4) The Georgia Forestry Commission currently leases the above-described property to Terrell County, and by letter dated October 17, 2005, the Commissioner of Forestry declared the property surplus; (5) The above-described property was acquired in 1958 from W. J. Mathis for a consideration of $2.00; (6) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land containing 2. 73 acres, more or less, and situated, lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section of Whitfield County, Georgia and being more particularly described as parcel numbers 3 and 6 of the Western and Atlantic Valuation

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Map Number V2 I 51 on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody ofthe State Properties Commission and is located adjacent to the historic Tunnel Hill Depot at Chetoogeta Railroad Tunnel, commonly known as Tunnel Hill Tunnel; (4) It has been determined that the above-described property is no longer needed for the operation of the Western and Atlantic Railroad and is, therefore, surplus to the needs ofthe State of Georgia; (5) Whitfield County is desirous of acquiring the above-described property for public purpose.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the above-described Appling County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission.to Appling County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests oft11e State of Georgia.

SECTION 3. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 6. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.

ARTICLE II SECTION 7.

That the State of Georgia is the owner of the above- described Baldwin I Wilkinson County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 8. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to the Fall Line Industrial Development Authority for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interests of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 9. That the Georgia Forestry Commission, by letter dated September 21, 2005, agrees to the conveyance to the Fall Line Industrial Development Authority with the provision the Georgia Forestry Commission retains timber rights on the 576 +/-acre tract for management and harvesting until such time as the actual conversion of the land use.

SECTION 10. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 12. That the deed of conveyance shall be recorded by the grantee in the Superior Courts of Baldwin and Wilkinson Counties, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 13. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is conveyed.

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ARTICLE III SECTION 14.

That the State of Georgia is the owner of the above-described Bibb County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 15. That the above-described real property may be sold by the State ofGeorgia, acting by and through the State Properties Commission by competitive bid for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 16. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective.

SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 18. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 19. That custody of the above-described property shall remain in the Department of Agriculture until this property is sold.

ARTICLE IV SECTION 20.

That the State of Georgia is the owner of the above-described Bulloch County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 21. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Bulloch County for a consideration of $1.00, so long as the property is used for public purpose, and such

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GENERAL ACTS AND RESOLUTIONS, VOL. I

further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 22. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 24. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 25. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.

ARTICLE V SECTION 26.

That the State of Georgia is the owner of the above-described Emanuel County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 27. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Emanuel County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State of Georgia.

SECTION 28. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.

SECTION 29. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 30. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Emanuel County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 31. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.

ARTICLE VI SECTION 32.

That the State of Georgia is the owner of the above-described Fannin County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 33. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to the City of Blue Ridge, Fannin County, Georgia for a consideration of$1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 34. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 35. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 36. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fannin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 37. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE VII SECTION 38.

That the State of Georgia is the owner of the above-described Forsyth County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 39. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission by competitive bid for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State of Georgia.

SECTION 40. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective.

SECTION 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 42. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Forsyth County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 43. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is sold.

ARTICLE VIII SECTION 44.

That the State of Georgia is the owner of the above-described Gilmer County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 45. That the above-described real property may be conveyed to Rhonda Chatham and David Wallace Stover, acting by and through the State Properties Commission in

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exchange for 2 parcels containing 148.87 acres owned by Rhonda Chatham and David Wallace Stover with Rhonda Chatham and David Wallace Stover to pay all costs associated with the exchange, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 46. That the authorization in this resolution to exchange the above-described properties shall expire three years after the date that this resolution becomes eff~ctive.

SECTION 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 48. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gilmer County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 49. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.

ARTICLE IX SECTION 50.

That the above-referenced improved real property IS located in and more particularly described and referred to as:
1535 Atkinson Road Lawrenceville Road Gwinnett County, Georgia; and

SECTION 51. That the State ofGeorgia is the owner of the above-described real property and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the department's above-referenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any

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GENERAL ACTS AND RESOLUTIONS, VOL. I

other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs.

SECTION 52. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real property for a monetary or in-kind consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia of said improved real property and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. Ifany such disposition of said above-described improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed.

SECTION 53. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real property. As an indispensable part ofthe grant ofauthority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions of such transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on State Institutions and Property.

SECTION 54. That, for purposes ofcompliance with the provisions ofparagraph (4) ofsubsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance ofreal property by the State of Georgia be filed with the State Properties Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of each ofthe parcels ofthe above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey ofthat particular parcel for filing with the State Properties Commission.

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ARTICLE X SECTION 55.

That the State ofGeorgia is the owner of the above-described Hall County, Georgia real property and that in all matters relating to the conveyance of the real property the state of Georgia is acting by and through its State Properties Commission.

SECTION 56. That the above-described real property maybe conveyed by appropriate instrument, acting by and through the State Properties Commission to Hall County for a consideration of$1.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State of Georgia.

SECTION 57. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 58. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 59. That the deed of conveyance shall be recorded by the grantee in their Superior Court of Hall County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 60. That custody of the above-described property shall remain in the Department of Public Safety until this property is conveyed.

ARTICLE XI SECTION 61.

That the above-referenced improved real property is located in and more particularly described and referred to as:
2808 North Oak Street Valdosta Lowndes County, Georgia; and

SECTION 62. That the State of Georgia is the ownerofthe above-described real property and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the department's above-referenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs.

SECTION 63. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit ofthe Department ofLabor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real property for a monetary or in-kind consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia of said improved real property and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said above-described improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed.

SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real property. As an indispensable part ofthe grant of authority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions ofsuch transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on State Institutions and Property.

SECTION 65. That, for purposes ofcompliance with the provisions ofparagraph (4) ofsubsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the State of Georgia be filed with the State Properties Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of

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each ofthe parcels ofthe above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey of that particular parcel for filing with the State Properties Commission.

ARTICLE XII SECTION 66.

That the State of Georgia is the owner of the above-described Screven County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 67. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Screven County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 68. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 70. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Screven County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 71. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed.

ARTICLE XIII SECTION 72.

That the State of Georgia is the owner of the above-described Telfair County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 73. That the above-described real property may be conveyed to Ronald E. Eddie Cravey and Russell Cravey, acting by and through the State Properties Commission in exchange for a parcel containing 0.236 acres owned by Ronald E. Eddie Cravey and Russell Cravey, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 74. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 75. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.

SECTION 76. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Telfair County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 77. That custody of the above-described property shall remain in the Department of Public Safety until this property is conveyed.

ARTICLE XIV SECTION 78.

That the State of Georgia is the owner of the above-described Terrell County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 79. That the above-described real property may be sold by competitive bid, acting by and through the State Properties Commission to be in the best interest of the State and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 80. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective.

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SECTION 81. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 82. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Terrell County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 83. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is sold.

ARTICLE XV SECTION 84.

That the State of Georgia is the owner of the above-described Whitfield County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 85. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Whitfield County, Georgia for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 86. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 87. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 88. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 89. That custody of the above-described property shall remain in the State Properties Commission until this property is conveyed.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE XVI SECTION 90.

That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 91. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 5, 2006.

STATE PROPERTY; GRANT NONEXCLUSIVE EASEMENTS.
No. 911 (House Resolution No. 1259).
A RESOLUTION
Authorizing the granting ofnonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across or through property owned by the State of Georgia in Bryan, Camden, Charlton, Chatham, Clarke, Coweta, Douglas, Glynn, Grady, Muscogee, and Whitfield counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Bryan, Camden, Charlton, Chatham, Clarke, Coweta, Douglas, Glynn, Grady, Musco gee, and Whitfield counties, Georgia; and
WHEREAS, Terry L. Hall, the Unified Government of Athens-Clarke County, Georgia Power Company, Greystone Power Corporation, the City of Cairo, the Columbus Consolidated Government, Southern Natural Gas Company, and North Georgia Electric Membership Corporation desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested and/or approved by the Department of Natural Resources, Department of Agriculture, Department of Technical and Adult Education, and State Properties Commission with respect to the property under the jurisdiction of their respective departments.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property in Chatham County and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Terry L. Hall, or his successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located lying west of Windsor, 6th GMD Chatham County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey dated February 20, 2002, prepared by Vincent Helmly and on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

SECTION 3. That the above-described premises shall be used solely for the purposes of installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.

SECTION 4. That Terry L. Hall shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.

SECTION 5. That, after Terry L. Hall has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Terry L. Hall, or his successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 6. That no title shall be conveyed to Terry L. Hall and, except as herein specifically granted to Terry L. Hall, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use ofsaid easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Terry L. Hall.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Terry L. Hall shall remove or relocate his facilities to the alternate easement area at his sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Terry L. Hall. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 8. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 9. That the easement granted to Terry L. Hall shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 10. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That the authorization in this resolution to grant the above-described easement to Terry L. Hall shall expire three years after the date that this resolution becomes effective.

SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property in Clarke County and the property is in the custody of the Department of Agriculture, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area the State of Georgia is acting by and through its State Properties Commission.

SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at 2188 W. Broad Street, Athens-Clarke County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey dated January 18, 2006, prepared by J. R. Holland and on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 16. That the above-described premises shall be used solely for the purpose of ingress and egress.

SECTION 17. That the Unified Government of Athens-Clarke County, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.

SECTION 18. That, after the Unified Government ~f Athens-Clarke County, Georgia has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.

SECTION 19. That no title shall be conveyed to the Unified Government of Athens-Clarke County, Georgia and, except as herein specifically granted to the Unified Government of Athens-Clarke County, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Unified Government of Athens-Clarke County, Georgia.

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Unified Government of Athens-Clarke County, Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Unified Government of Athens-Clarke County, Georgia. Upon written request, the State Properties Commission, in its sole

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discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 21. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or am unicipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 22. That the easement granted to the Unified Government of Athens-Clarke County, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 23. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests ofthe State of Georgia.

SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 25. That the authorization in this resolution to grant the above-described easement to the Unified Government of Athens-Clarke County, Georgia shall expire three years after the date that this resolution becomes effective.

SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property in Coweta County, and is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress or egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 112, 113, 116, 117, 132, 133, 139, 140, 155, 156, 161, and 176 of the 4th District, Coweta County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company and being titled "Plant Yates Transmission Line", additional easement to be acquired crossing the property of Georgia Department ofN atural Resources, and on file in the offices of the State Properties Commission and may be more particularly described by a plat ofsurvey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

SECTION 29. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.

SECTION 30. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.

SECTION 31. That, after the Georgia Power Company has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon

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abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 32. That no title shall be conveyed to the Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 33. That ifthe State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 34. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 35. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties

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Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 36. That the consideration for such easement shall be for $10.00 and the acknowledgment that Georgia Power Company conveyed 564 acres to the State of Georgia for a consideration of $10.00, a portion of which the herein described easement traverses, and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 37. That this grant of easement shall be recorded by the grantee in the Superior Court of Coweta County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 38. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property in Douglas County and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through the State Properties Commission.

SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is

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located in land lot 882, 13th District, 2nd Section, Douglas County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by Greystone Power Corporation, and attached as EXHIBIT "A" to that certain revocable license agreement dated June 15,2005 and designated as real property record #10115, and being on file in the offices ofthe State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

SECTION 42. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.

SECTION 43. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.

SECTION 44. That after the Greystone Power Corporation has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns.

SECTION 45. That no title shall be conveyed to Greystone Power Corporation, and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation.

SECTION 46. That ifthe State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and

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conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Greystone Power Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent the amount of a written estimate provided by Greystone Power Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 47. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statues in its use ofthe easement area.

SECTION 48. That the easement granted to Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 49. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests ofthe State of Georgia.

SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 51. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date that this resolution becomes effective.

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SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE V SECTION 53.

That the State of Georgia is the owner of the hereinafter described real property in Grady County and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cairo, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of utilities on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating utilities together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 381 and 20, 17th and 18th Land District, Grady County, Georgia, and are more particularly described as follows:
"That portion and that portion only as shown highlighted in yellow on a plat of survey dated October 1, 2003 prepared by LarryW. Grogan and all being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

SECTION 55. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating utilities.

SECTION 56. That the City of Cairo shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said utilities.

SECTION 57. That, after the City of Cairo has put into use the utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cairo, or its successors and assigns, shall have the option of removing its facilities from the

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easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to the City of Cairo, and, except as herein specifically granted to the City of Cairo, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cairo.

SECTION 59. That ifthe State ofGeorgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the City of Cairo shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cairo. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 60. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statues in its use of the easement area.

SECTION 61. That the easement granted to the City of Cairo shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 62. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests ofthe State of Georgia.

SECTION 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Grady County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 64. That the authorization in this resolution to grant the above-described easement to the City of Cairo shall expire three years after the date that this resolution becomes effective.

SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter described real property in Muscogee County and the property is in the custody ofthe Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Columbus Consolidated Government, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 59, 9th District of Musco gee County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown highlighted in yellow on a plat of survey dated May 10, 2005 and prepared by A. B. Moon Jr., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

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SECTION 68. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.

SECTION 69. That the Columbus Consolidated Government shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.

SECTION 70. That, after the Columbus Consolidated Government has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Columbus Consolidated Government, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to the Columbus Consolidated Government, and, except as herein specifically granted to Columbus Consolidated Government, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Columbus Consolidated Government.

SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Columbus Consolidated Government shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Columbus Consolidated Government. Upon written request, the State Properties Commission, in its sole discretion, may permit the

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relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 73. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statues in its use of the easement area.

SECTION 74. That the easement granted to the Columbus Consolidated Government shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 75. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 76. That this grant of easement shall be recorded by the grantee in the Superior Court ofMuscogee County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above-described easement to the Columbus Consolidated Government shall expire three years after the date that this resolution becomes effective.

SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VII SECTION 79.

That the State of Georgia is the owner of the hereinafter described real property in Bryan, Camden, Charlton, Chatham, and Glynn counties, and is in the custody of the Department ofN atural Resources, hereinafter referred to as the "e asem ent are a," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Natural Gas Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas pipeline in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas pipeline together with the right of ingress or egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on state property known as creek or river bottoms of St. Augustine Creek and the Ogeechee, Little Satilla, St. Marys, and SatillaRivers and/or tidally influenced lands near these waters and manages a state owned scenic easement along the Altamaha River in Glynn County, Georgia, and is more particularly described as outlined in yellow on a drawing prepared by Southern Natural Gas Company and being titled "Proposed Cypress Pipeline Crossings Over State Lands and Tidal Areas", and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 81. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas pipeline.

SECTION 82. That Southern Natural Gas Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas pipe line.

SECTION 83. That, after Southern Natural Gas Company has put into use the natural gas pipeline for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Natural Gas Company, or its successors and assigns, shall

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have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to Southern Natural Gas Company, and, except as herein specifically granted to Southern Natural Gas Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Company.

SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Southern Natural Gas Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Southern Natural Gas Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 86. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 87. That the easement granted to Southern Natural Gas Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the

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State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 88. That the consideration for such easement shall be for not less than the fair market value and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 89. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bryan, Camden, Charlton, Chatham, and Glynn counties and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 90. That the authorization in this resolution to grant the above-described easement to Southern Natural Gas Company shall expire three years after the date that this resolution becomes effective.

SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VIII SECTION 92.

That the State of Georgia is the owner of the hereinafter described real property in Whitfield County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through the State Properties Commission.

SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to North Georgia Electric Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 230, 13th District, 3rd Section, Whitfield County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by North Georgia Electric Membership Corporation, and being on file

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in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval."

SECTION 94. That the above-described premises shall be used solely for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.

SECTION 95. That North Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.

SECTION 96. That, after North Georgia Electric Membership Corporation has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, North Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns.

SECTION 97. That no title shall be conveyed to North Georgia Electric Membership Corporation, and, except as herein specifically granted to North Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to North Georgia Electric Membership Corporation.

SECTION 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state" s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and North Georgia Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of

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the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by North Georgia Electric Membership Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 99. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 100. That the easement granted to North Georgia Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 101. That the consideration for such easement shall be the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court ofWhitfield County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 103. That the authorization in this resolution to grant the above-described easement to North Georgia Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE IX SECTION 105.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 5, 2006.

CRIMINAL PROCEDURE- GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL; RATIFY JUVENILE DEFENSE STANDARD.
No. 912 (Senate Resolution No. 955).
A RESOLUTION
Ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; and for other purposes.
WHEREAS, Code Section 17-12-8 of the O.C.G.A. provides that the initial minimum standards promulgated by the Standards Council which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council, hereinafter referred to as the "Legislative Oversight Committee," to have a fiscal impact shall be submitted by the Standards Council to the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval ofthe resolution by the Governor or upon its becoming law without such approval; and
WHEREAS, the Standards Council adopted the Performance Standard in Juvenile Court on December 10, 2004; and
WHEREAS, the Legislative Oversight Committee at its meeting on March 23, 2005, reviewed and determined that the Performance Standard in Juvenile Court has a fiscal impact; and
WHEREAS, a copy of the original document containing the Performance Standard in Juvenile Court is attached to and made a part of this resolution; and

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WHEREAS, the original document containing the Performance Standard in Juvenile Court is signed by the chairperson of the Standards Council and is on file in the official records maintained by the Standards Council; and

WHEREAS, the request for legislative ratification of the Performance Standard in Juvenile Court has been submitted to the General Assembly in accordance with subsection (c) of Code Section 17-12-8 of the O.C.G.A. and it is the desire of the General Assembly to ratify and approve such standard.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly hereby ratifies and approves the Performance Standard in Juvenile Court adopted by the Standards Council and approved by the Legislative Oversight Committee on March 23, 2005. A copy of the Performance Standard in Juvenile Court has been presented to the Legislative Oversight Committee and is attached to this resolution, and the original document is on file in the official records maintained by the Standards Council.

BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval.

STATE OF GEORGIA PERFORMANCE STANDARDS FOR JUVENILE DEFENSE REPRESENTATION IN INDIGENT DELINQUENCY AND UNRULY CASES

Practice in juvenile delinquency cases is unique and challenging, requiring specialized skills and knowledge to assure the best legal representation of clients.

Juvenile Courts have jurisdiction over children up to age I 7 who are charged with delinquent acts, alleged unruly or charged with a so-called status offense. However, if a child age 13-17 is charged with one of seven serious offenses, his or her case will be prosecuted in the Superior rather than Juvenile Court.

The purpose of these standards is to provide juvenile defense attorneys with a general guide to appropriate and zealous advocacy on behalf of clients in juvenile court delinquency or unruly proceedings.

Performance Standard 1: Obligations of Juvenile Defense Counsel

The primary and most fundamental obligation of a juvenile defense attorney is to provide zealous and effective representation for his or her client at all stages of the juvenile court proceedings. The defense attorney's duty and responsibility is to promote and protect the child s expressed interest. If personal matters make it impossible for the defense counsel to fulfill the duty of zealous representation, he

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or she has a duty to refrain from representing the client. Attorneys also have an obligation to uphold the ethical standards of the State Bar of Georgia and to act in accordance with the Uniform Juvenile Court Rules.

Performance Standard 2: Training and Experience of Juvenile Defense Counsel

Commentary: Juvenile delinquency cases should not be taken on without the adequate
experience and knowledge necessary to represent the client zealously. 2.1 Before practicing in juvenile court, juvenile defense counsel (hereafter "counsel") should be proficient in applicable substantive and procedural Georgia juvenile and criminal law and should have appropriate experience, skills and training necessary to represent children. a. At a minimum counsel should observe at least twenty hours of juvenile court, including every stage of a delinquency proceeding and some observation ofdeprivation and unruly proceedings. Counsel should obtain formal and informal training in relevant areas of practice, including the training provided by GPDSC. b. It is highly recommended that counsel work with a mentor before taking a case or have a mentor available to consult on a case. 2.2 Counsel should be knowledgeable about and seek ongoing training in the following areas: a. pre-dispositional and dispositional services and programs available through the court and probation; b. facilities available to serve children: on-site visits may be appropriate; c. child and adolescent development; d. brain development and the affect of trauma on brain development; e. the juvenile justice system; f. the child welfare system; g. the Department of Juvenile Justice policies and procedures; h. the Division of Family and Children's Services policies and procedures; 1. substance abuse issues; j. mental health issues and common childhood diagnoses; k. special education laws, rights and remedies; I. competency and immaturity laws, issues and defenses; m. post dispositional advocacy; n. pathways to delinquency; o. cultural diversity; p. interviewing techniques for children; q. working with children and building rapport with the child or adolescent client; r. immigration laws and how they can affect a child involved with the juvenile court;

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s. school related issues including school disciplinary procedures and zero tolerance policies;
t. gangs. 2.3 Counsel should note that local juvenile court practices and procedures may
differ. 2.4 Counsel has a continuing obligation to stay abreast of changes and
development in the law. 2.5 Before agreeing to act as counsel or accepting appointment by a court,
counsel has an obligation to make sure that counsel has available sufficient time, resources, knowledge and experience to offer effective representation to a defendant in a particular matter. If it later appears that counsel is unable to offer effective representation in the case, counsel should move to withdraw. 2.6 Counsel must be alert to all potential and actual conflicts of interest that would impair counsel's ability to represent a client. When appropriate, counsel may be obliged to seek an advisory opinion on any potential conflicts. 2. 7 If a conflict develops during the course ofrepresentation, counsel has a duty to notifY the client and the court in accordance with the Uniform Rules of Court and in accordance with the Disciplinary Rules of the State Bar of Georgia. 2.8 When counsel's caseload is so large that counsel is unable to satisfactorily meet these performance standards, counsel shall inform the Circuit Public Defender for counsel's judicial circuit and the court or courts before whom counsel's cases are pending. Ifthe Circuit Public Defender determines that the caseloads for his entire office are so large that counsel is unable to satisfactorily meet these performance standards, the Circuit Public Defender shall inform the court or courts before whom cases are pending and the Director of the Georgia Public Defender Standards Council.

Performance Standard 3: The Role of Juvenile Defense Counsel

Commentary: After counseling the child, if the child's express interest does not accord with the
lawyer's judgment, then the lawyer may withdraw or seek the appointment of a guardian ad litem. Every effort should be made to limit the role of the guardian ad litem to the minimum required for him or her to accomplish the purpose for which the appointment was made. In most cases both the guardian and the client should be instructed not to discuss the facts of the case as this discussion may not be privileged. However, the attorney may discuss the facts of the case with the guardian ad litem with discretion.
3.1 Counsel's principal duty is to zealously advocate the client's expressed interests rather than for counsel's opinion as to what is in the client's best interests.

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a. Counsel is bound by and should advocate for the client's definition of his or her interests, and may not substitute counsel's own judgment for the client's, nor should counsel ignore the client's wishes because they are perceived not to be in the client's best interests.
c. Counsel should advise the client as to the probable success, and the consequences of, adopting any position, and should give the client all information necessary for the client to make an informed decision.
3.2 If a client is incapable of considered judgment on his or her own behalf, counsel may ask for a guardian ad litem to be appointed to represent the client's best interests.
3.3 Counsel should remember that the child is the client, not the parent (hereinafter "parent" refers to any parent, guardian, custodial adult or any entity assuming legal responsibility for the child.) The potential for conflict of interest between an accused juvenile and his or her parents should be clearly recognized and acknowledged. Counsel should inform the parent that he or she is counsel for the child, and that in the event of a disagreement between a parent or guardian and the child, counsel is required to serve exclusively the interests of the child.
3.4 In order to effectively advocate for the client and to provide suggestions for appropriate dispositional options, counsel should take a holistic approach to juvenile defense, evaluating all factors which may have contributed to the existing charges

Performance Standard 4: Definition of the Client

4.1 The juvenile defender's client is the child. Counsel should explain to the parent that the child is the client and that counsel's principal duty is to represent the child s expressed wishes.
4.2 Counsel should remember that, even though the client is a child, all attorney client privileges and obligations attach.

Performance Standard 5: Juvenile Defender's Duty at Appointment

5.1 Counsel or a representative of counsel has an obligation to meet with detained clients within 72 hours of arrest.
5.2 Many important rights of clients involved in juvenile court proceedings can be protected only by prompt advice and action. Counsel should immediately inform the child of his or her rights and the nature of the attorney client relationship, and should pursue any investigatory or procedural steps necessary to protect the clients interests. Counsel should invoke the protections of appropriate constitutional provisions, federal and state laws, statutory provisions, and court rules on behalf of a client, and revoke any waivers of these protections purportedly given by the client, as soon as practicable.

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5.2 Whenever the nature and circumstances of the case permit, counsel should explore the possibility of informal adjustment.
5.3 Counsel should ascertain the parent's willingness to take custody ofthe client upon release (in situations where the child has been detained) and obtain useful social information from the parent, such as: the client's home behavior, school performance, involvement with special education services, past or present part-time employment, prior delinquency record, whether the client is on probation or pending trial in another case, and other information concerning the child s ability to stay out of trouble if released, and the parent's ability to control and discipline the child. Counsel should utilize this information to request and secure release of the client.
5.4 The juvenile procedure law expressly equates a juvenile's right to bail with that possessed by an adult under Georgia law. Rule 9.1 of the Uniform Juvenile Court Rules (UJCR) requires that an application for bail be made by the child's parent or legal guardian.
5.5 If the court requires the posting of a bond, counsel should discuss with the client and his or her parent(s) the procedures that must be followed.
5.6 Where the client is not able to obtain release under the conditions set by the court, counsel should consider pursuing modification of those conditions.

Performance Standard 6: Counsel's Initial Interview with Client

Commentary: The initial interview is the first and most crucial opportunity to build rapport with
the child client. It is important to initiate face-to-face contact with the client as soon as possible after appointment. This interview, and any subsequent conversations with the client, should be conducted at an age appropriate level.
6.1 In preparation for the interview, counsel should: a. schedule the interview to allow for ample time to speak with the client; b. collect any relevant information to bring, including all records and releases; c. be familiar with the elements of the offense(s) and the potential dispositions.
6.2 At the interview, counsel should: a. explain to both the client and parent the role of defense counsel. It is important to clarity that counsel represents the legal interests of the child, not the parent. Thoroughly explain the confidential nature of attorney client conversations and the necessity of conducting interviews with the client alone; b. explain the charges and possible dispositions; c. explain the juvenile court process, time lines and the role of all the parties involved, such as judge, prosecutor, probation staff, counsel, client and parent; d. inform the client and parent not to make statements to anyone concerning the offense;

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e. obtain signed releases by the client and parent for medical and mental health records, school records, DFCS records, employment records, etc. Counsel should advise the client of the potential use of this information and the privileges that attach to this information;
f. counsel should obtain information from the client concerning the facts of the arrest and charges, and whether there were any statements made, witnesses, codefendants, and any other relevant information.
g. ifthe client is detained, one focus of the initial interview and investigation will be to obtain information relevant to the determination of pre-adjudication conditions ofre lease. Such information should generally include: 1. client's residence and length of time at that residence; ii. client's legal custody (parent, family, state agency) and physical custody (person responsible to supervise client): names, addresses and phone numbers; iii. health (mental and physical) and employment background; 1v. client's school placement, status, attendance and special education designation; v. whether the client or his or her family has had previous contact with the juvenile court system, and the nature and status of that contact; v1. possible adults willing to assume responsibility for the child.

Performance Standard 7: Juvenile Defender's Duty at Detention/Probable Cause Hearing

Commentary: Juvenile Defenders should be aware that juvenile clients have the same
Constitutional rights as adult defendants. 7.1 Preparation for the hearing: a. Counsel should be familiar with the elements of each offense alleged. b. Counsel should prepare the client and parent for the hearing. c. Counsel should consult with presenting authority (presenting authority includes, but is not limited to, prosecutors, probation officers, Department of Juvenile justice caseworkers and police officers) concerning the facts of the case and the possibility of resolution of the case at this stage. d. Counsel should consult the Detention Assessment Instrument and be prepared to make arguments against secure detention. e. Counsel should know the detention facilities, community placements and other services available in the jurisdiction. 7.2 During the Hearing; a. Counsel should be familiar with the subpoena process for obtaining compulsory attendance of witnesses at preliminary hearing and the

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necessary steps to be taken in order to obtain a proper recordation of the proceedings. b. Counsel should use the testimony at the hearing as a discovery tool, and elicit as much information as possible with regards to the facts and circumstances of the case. c. If probable cause is found, counsel should argue for the least restrictive placement for the client pending arraignment.

Performance Standard 8: Juvenile Defender's Duty to Conduct Investigation

8.1 Counsel has a duty to conduct a prompt investigation of each case. Counsel should, regardless of the client's wish to admit guilt, ensure that the charges and disposition are factually and legally correct and the client is aware of potential defenses to the charges.
8.2 When conducting the investigation counsel should: a. Obtain the arrest warrant, petition, and copies of all charging documents in the case to determine the specific charges that have been brought against the child. b. Research relevant statutes and caselaw to identify: i. the elements of the offense(s) with which the child is charged; ii. the defenses, ordinary and affirmative, that may be available; iii. any lesser included offenses that may be available; and iv. any defects in the charging documents, constitutional or otherwise, such as statute of limitations or double jeopardy. c. If not done previously, conduct an in depth interview of the client as soon as described in Performance Standard Six. c. Attempt to interview all witnesses, favorable or adverse, and obtain any criminal or juvenile history of the witnesses. d. Examine the police reports and any other records, documents and statements obtained through discovery. e. Counsel should ascertain whether any physical evidence exists and should make a prompt request to examine such evidence. f. Counsel should attempt to view the scene of the alleged offense. If possible, this should be done under circumstances as similar as possible to those existing at the time of the alleged incident (e.g., weather, time of day, and lighting conditions). g. Counsel should ascertain whether the assistance of an expert is needed in preparation of the defense case or to understand or rebut the prosecution's case. h. Counsel should, where appropriate, obtain DFCS records ofthe clientand/or any witnesses.

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Performance Standard 9: Juvenile Defender's Duty to Conduct Discovery

Commentary: Formal discovery in juvenile courtis governed by OCGA 15-11-75; however, in
Georgia discovery varies according to local practice. Counsel should identify the local practice prior to filing a formal request for discovery taking into account that such requests may trigger reciprocal discovery obligations.
9.2 Counsel should consider seeking discovery, at a minimum, of the following items: a. potential exculpatory information; b. potential mitigating information; c. the names and addresses of all prosecution witnesses, their prior statements, and criminal or juvenile record, if any; d. all oral and/or written statements by the client, and the details ofthe circumstances under which the statements were made; e. the prior juvenile or criminal record of the client and any evidence of other misconduct that the government may intend to use against the client; f. all books, papers, documents, photographs, tangible objects, buildings or places, or copies, descriptions, or other representations, or portions thereof, relevant to the case; g. all results or reports ofrelevant physical or mental examinations, and of scientific tests or experiments, or copies thereof; h. statements of co-defendants; 1. all investigative reports by all law enforcement and other agencies involved in the case; and j. all records of evidence collected and retained by law enforcement.

Performance Standard 10: Juvenile Defender's Duty in Plea Negotiations

Commentary: After interviewing the client and developing a thorough knowledge of the law
and facts of the case, counsel should explore all alternatives to trial, including the possible resolution of the case through a negotiated plea or admission.
10.1 Counsel is responsible for assuring that the juvenile and parent understand the concept of plea bargaining in general, as well as the details of any specific plea offer made to him or her.
10.2 Counsel should make it clear to the client that the ultimate decision to enter a plea has to be made by the client. Counsel should investigate and candidly explain to the client the prospective strengths and weaknesses of the case for the prosecution and defense, including the availability of prosecution witnesses, concessions and benefits which are subject to negotiation, and the possible consequences of an adjudication of delinquency. Counsel should also ascertain and advise the client of the

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court's practices concerning disposition recommendations and withdrawing pleas or admissions. 10.3 Counsel's recommendation on the advisability of a plea or admission should be based on a review of the complete circumstances of the case and the client's situation. Such advice should not be based solely on the client's acknowledgement of guilt or solely on a favorable disposition offer. 10.4 The client shall be kept informed of the status of the plea negotiations. 10.5 Where counsel believes that the client's desires are not in the client's best interest, counsel may attempt to persuade the client to change his or her position. If the client remains unpersuaded, however, counsel should assure the client he or she will defend the client vigorously. 10.6 Notwithstanding the existence of ongoing plea negotiations with the prosecution, counsel should continue to prepare and investigate the case in the same manner as if it were going to proceed to an adjudicatory hearing on the merits. 10.7 Counsel should make sure that the client is carefully prepared to participate in the procedures required and used in the particular court. 10.8 Counsel must also be satisfied that the plea is voluntary, that the client understands the nature of the charges, that there is a factual basis for the plea or the admission, that the witnesses are or will be available, and that the client understands the rights being waived. 10.9 Counsel must consider whether an admission will compromise the client's or the client's family's public assistance or immigration status. If it does, the client may need to reconsider the decision to plead. 10.10 Counsel should be aware of the effect the client's admission will have on any other court proceedings or related issues, such as probation or school suspension.

Performance Standard 11: Preparation for Adjudicatory Hearing

11.1 Counsel should develop a theory of the case. 11.2 Pretrial Motions:
a. Counsel should review all statements, reports and other evidence to determine whether a motion is appropriate.
b. Counsel should file motions as soon as possible due to the time constraints of juvenile court, but within three days prior to the adjudicatory hearing. (UJCR 7. 9)
c. Counsel should be aware of the burdens of proof, evidentiary principles and court procedures applying to the motions hearing.
d. Counsel has the continuing duty to file pretrial motions as issues arise or new evidence is discovered.
11.3 Counsel should be fully informed as to the rules of evidence, court rules, and the law relating to all stages of the hearing process, and should be

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familiar with legal and evidentiary issues that can reasonably be anticipated to arise in the adjudicatory hearing. 11.4 Counsel should be familiar with the substantive and procedural law regarding the preservation of legal error for appellate review. 11.5 Counsel should advise the client as to suitable courtroom dress and demeanor. 11.6 Counsel should take all necessary steps to ensure full official recordation of all aspects of the court proceeding.

Performance Standard 12: Juvenile Defender's Duty at Adjudicatory Hearing

12.1
12.2 12.3 12.4 12.5 12.5 12.6

Counsel should remember that: a. juveniles have all rights afforded by the United States Constitution
and the Constitution of the State of Georgia, except the right to a trial by jury. b. the state has the burden of proving the allegations beyond a reasonable doubt; c. the rules of evidence apply to all juvenile court proceedings; d. the rules of criminal procedure apply to all juvenile court proceedings. Counsel should be aware that except for certain circumstances, juvenile proceedings are confidential. (See O.C.G.A. 15-11-78 (b)). Counsel should be aware that a parent or legal guardian must be present during the adjudicatory hearing. This requirement cannot be waived by the child. Ifa parent is unable or unwilling to participate, a legal guardian can be appointed. Counsel should use the opening statement as an opportunity to educate the judge as to counsel's theory of the case. Counsel should consider the advantages and disadvantages ofthe disclosure of information during the opening statement. During the prosecution's case counsel should: a. be alert to and object to attempts to admit inadmissible evidence or testimony; b. be prepared to cross examine witnesses. Any cross examination should be conducted to advance the defense's theory of the case; At the conclusion of the prosecution's case, counsel should move for a dismissal of the proceedings and an order of acquittal pursuant to UJRC 11.2. When presenting the client's case, counsel should: a. consider whether any evidence needs to be presented; b. discuss with your client all the implications of testifying, keeping in mind that the decision whether to testify is solely the client's. Counsel should also be aware of his or her ethical responsibilities if counsel knows that the client will testify untruthfully; c. be prepared for direct examination and redirect of any witnesses;

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d. be prepared to assert any affirmative defenses; 12.7 At the conclusion of the defense case, counsel should renew the motion
for dismissal and order of acquittal and renew all earlier relevant objections and motions. 12.8 Counsel should use the closing argument to summarize the evidence and testimony as it applies to the theory of the case and remind the judge of the prosecution's burden of proof.

Performance Standard 13 Juvenile Defender's Duty at the Disposition Hearing

Commentary: The active participation of counsel at disposition is essential. In many cases,
counsel's most valuable service to clients will be rendered at this stage of the proceeding. An important part of representation in a juvenile case is planning for disposition.
13.1 Preparation for Hearing: a. Counsel should explain to the client and parent the nature ofthe disposition hearing, the issues involved and the alternatives open to the court. Counsel should also explain fully and candidly the nature, obligations and consequences of any proposed dispositional plan, including the meaning of conditions of probation, the characteristics of any institution to which commitment is possible, and the probable duration of the client's responsibilities under the proposed dispositional pIan; b. Counsel should be familiar with and consider: i. the dispositional alternatives available to the court and any community services that may be useful in the formation of a dispositional plan appropriate to the client's circumstances; ii. the official version of the client's prior record, if any; iii. the position of the probation department with respect to the client; iv. the sentencing recommendation, if any, of the prosecutor; v. using a creative interdisciplinary approach by collaborating with educational advocates, social workers, and civil legal service providers; vi. the collateral consequences attaching to any possible disposition; vii. the disposition practices of the judge; viii. referrals to court clinics or community agencies; ix. any victim impact statement to be presented to the court; x. requesting a continuance for disposition at a later date; xi. securing that assistance of psychiatric, psychological, medical or other expert personnel needed for the purposes of evaluation, consultation or testimony with respect to the formation of a dispositional plan;

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xii. preparing a letter or memorandum to the judge to assist the court in deciding the client's disposition. Because judges may have a strong idea of the dispositions they are likely to impose before they begin the hearing, a thoughtful written presentation of a disposition plan that highlights the client's strengths and the appropriateness of the disposition plan should be delivered to the judge and opposing counsel in advance of the disposition hearing. This letter is an opportunity to anticipate and address any concerns the judge may have about the client and the disposition plan. It also an opportunity to address specifically issues of punishment, deterrence, community safety, and rehabilitation as they relate to the client in this case. 13.2 During the Hearing: a. Counsel should insist that proper procedure be followed throughout the disposition stage and that orders entered be based on adequate reliable evidence. b. Counsel should subpoena witnesses and present evidence to support counsel's proposed disposition plan. c. Counsel should fully cross examine adverse witnesses, and challenge the accuracy, credibility and weight of any reports, written statements or other evidence before the court. d Counsel should consider whether the client should make a statement to the court. 13.3 When a dispositional decision has been reached, it is the lawyer's duty to explain the nature, obligations and consequences of the disposition to the client and the client's family and to urge upon the client the need for accepting and cooperating with the dispositional order. If appeal from either the adjudicative or dispositional decree is contemplated, the client should be advised ofthat possibility, but counsel must advise compliance with the court's decision during the interim.

Performance Standard 14: Juvenile Defender's Continuing Duty to Client

14.1 Whether or not the charges against the client have been disposed of, if counsel is aware that the client or the client's family needs and desires community or other medical, psychiatric, psychological, social or legal services, he or she should render all possible assistance in arranging for such services.
14.2 If the client is committed to the Department of Juvenile Justice, counsel should attempt to ensure that client is placed in the most appropriate, least restrictive placement available.

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Performance Standard 15: Juvenile Defender's Postdispositional Duties

15.1 Counsel should be prepared to represent and inform the client with respect to proceedings to review or modify adjudicative or dispositional orders or to pursue any affirmative remedies that may be available to the client under local juvenile court law.
15.2 Counsel appointed to represent a client charged with violation of his or her probation should prepare in the same way and with as much care as for an adjudicatory hearing.

Performance Standard 16: Child's Right to an Appeal

Commentary: Appeals from judgments in juvenile court are handled in the same manner as
appeals from superior court. 16.1 Counsel should inform the client of his or her right to an appeal, the steps necessary to appeal and the likelihood of success. 16.2 Counsel should know the rules of both the Supreme Court and the Court of Appeals concerning the filing of appeals.

Performance Standard 17: Juvenile Defender's Duty during Transfer Hearings under O.C.G.A. 15-11-30.2

Commentary: A new, inexperienced juvenile defender should not handle a transfer hearing
without the supervision or assistance of a more experienced juvenile defender. A transfer hearing, while not a hearing on the merits of the case, could result in the loss of the protections afforded in juvenile court. Therefore, counsel should prepare in the same way and with as much care as for an adjudicatory hearing, in accordance with all previously annotated performance standards.
17.1 Counsel should be aware of the statutory findings the court must make before transferring jurisdiction to superior court.
17.2 Counsel should be aware of the current statutory and case law governing these findings.
17.3 Counsel should be prepared to present evidence and testimony to prevent transfer, including testimony by people who can provide helpful insight into the client's character, such as teachers, counselors, psychologists, community members, probation officers, religious affiliates, employers, or other persons with a positive personal and/or professional view of the defendant.
17.4 Counsel should ensure that all transfer hearing proceedings are recorded. 17.5 Counsel should preserve all issues for appeal. 17.6 Counsel should consider obtaining independent evaluation from a defense
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17.8 Counsel should investigate possible placements for the client if the case remains in juvenile court.

Performance Standard 18: Juvenile Defender's Duty in Designated Felony Cases, under O.G.C.A. 15-11-63

Commentary: A new, inexperienced juvenile defender should not handle a designated felony
case without the supervision or assistance of a more experienced juvenile defender. 18.1 Counsel should be aware of the special statutory provisions governing designated felonies and ensure that the client has been properly charged. 18.2 Counsel should inform the client of the consequences of being adjudicated a designated felon. 18.3 Counsel should work with the probation department to learn its recommendation and negotiate regarding the contents of its report to the court. 18.4 Counsel should use caution in pleading to a designated felony act due to the dispositional consequences. 18.5 Counsel should be aware of the statutory provisions regarding restrictive custody and be prepared to argue against restrictive custody.

Performance Standard 19: Juvenile Defender's Duty: Mental Competency

19.1 Counsel should be familiar with procedures for a determination of mental incompetence underO.C.G.A. 15-11-150 through 15-11-155.
19.2 If at any time the client's behavior or mental ability indicate that the he or she may not be competent, or may be mentally retarded, counsel should make a motion for a competency evaluation.
19.3 Counsel should prepare for and participate fully in the competency hearing.
19.4 Counsel should be aware that the burden of proof is on the child to prove incompetency and that the standard of proof is a preponderance of the evidence.
19.5 If the client is found dependent, counsel should participate, to the extent possible, in the development of the mental competency plan and in any subsequent meetings or hearings regarding the child's mental competency.

Performance Standard 20: Special Considerations

Commentary: There are related legal issues and unique considerations in the juvenile justice
system that do not exist in the criminal justice system. Juvenile defenders should be aware of the following matters:
20.1 Venue: Counsel should be aware that venue is proper in either the county where the alleged delinquent offense occurred or in the county of the

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child's residence. Counsel may make a motion for change of venue based upon tactical considerations. 20.2 Time Limits: Counsel should be aware of the time limits applicable in juvenile court. 20.3 Confidentiality of Proceedings and Records: Counsel should be aware that, except in certain circumstances, the general public is excluded from all juvenile court proceedings and that juvenile records are not available to the public. 20.4 Sealing of Records: Counsel should be aware of and inform the client that an application must be made to the juvenile court to have the client" s record sealed. 20.5 Unrulies and Status Offenses: Counsel should be aware of the definition of an "unruly child" and "status offender" and know the procedural safeguards applicable to such designations. 20.6 Immigration: Counsel should be aware of the collateral effects of a juvenile court proceeding on the client or client" s family" s immigration status and consult with an expert if necessary. 20.7 Special Education: Counsel should be aware of any rights the client may have under special education laws and that any special education records should be presented to the court.

Adopted by the Georgia Public Defender Standards Council on December 10, 2004.

sl EMMET J. BONDURANT Emmet J. Bondurant Chairperson

Attested:

Signed s/NATASHA PERDEW SILAS Natasha Perdew Silas Secretary

Approved May 5, 2006.

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PUBLIC OFFICERS- FORMER CORRECTIONAL OFFICERS INJURED BY INMATES; INSURANCE BENEFITS.

No. 913 (House Bill No. 1126).

AN ACT

To amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, is amended by adding a new subsection (c) to read as follows:
"(c) Any other provision of this artie le to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of the monthly premium fixed by the board for active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissiOner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan."

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 5, 2006.

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EDUCATION - CAREER AND TECHNICAL EDUCATION ADVISORY COMMISSION.

No. 914 (House Bill No. 1228).

AN ACT

To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows:

'Part 8

20-14-90. (a) There is created the Career and Technical Education Advisory Commission.
(b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be from the House Committee on Economic Development and Tourism, one of whom shall be from the House Committee on Agriculture and Consumer Affairs, and one of whom shalt be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, one of whom shall be from the Senate Economic Development Committee, one of whom shall be from the Senate Agriculture and Consumer Affairs Committee, and one of whom shalt be from the Senate Education andYouth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments.
(3)(A) Legislative members ofthe commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve for two year terms concurrent with those terms oflegislative members ofthe commission.

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(c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission.
(d)(l) The head of the career and technical education program of the Department of Education shall report annually to commission regarding the conditions, needs, issues, and problems of the program. (2) The commission shall periodically review the conditions, needs, issues, and problems related to the career and technical education program, issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet not less than two nor more than four times annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any 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 the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually. (f) This part shall stand repealed on December 31, 20 12."

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

Approved May 5, 2006.

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RETIREMENT; TIME RETIREMENT ALLOWANCES BECOME EFFECTIVE; MANDATORY WITHDRAWAL OF CERTAIN DEFINED CONTRIBUTIONS.

No. 915 (House Bill No. 1020).

AN ACT

To amend Title 47 ofthe Official Code ofGeorgia Annotated, relating to retirement and pensions, so as to insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the member's final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (a) of Code Section 47-2-110, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, and inserting in lieu thereof the following:
"(a) Upon written application to the board of trustees, any member in service who has reached 60 years of age or who has 30 years of creditable service may retire on a service retirement allowance, provided that he or she has at least five years of creditable service; provided, further, that if he or she became a member after July 1, 1968, he or she has at least ten years of creditable service. The effective date of retirement shall be the first ofthe month in which the application is received by the board of trustees, provided that no retirement application will, in any case, be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Separation from service pending approval ofthe retirement application shall not affect eligibility for a retirement allowance. The provisions of this subsection regarding the effective date of retirement shall apply to all persons making application for retirement on or after March 15, 1979, and to all persons who have made application prior to March 15, 1979, but to whom payments from the retirement system have not commenced as of that date."

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SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-4-101, relating to retirement benefits payable upon normal, early, or delayed retirement, and inserting in lieu thereof the following:
"(a) Any member may retire and upon application to the board receive the retirement benefits set forth in this Code section after obtaining a minimum often years of creditable service. The effective date of retirement shall be the first of the month in which the application is received by the board, provided that no retirement application will, in any case, be effective earlier than the first of the month following the final month of the applicant's employment. If a member retires before obtaining ten years of creditable service, he or she shall receive a lump sum refund of his or her accumulated contributions made under the retirement system to the date of his or her retirement."

SECTION 3. Said title is further amended by striking in its entirety Code Section 47-22-9, relating to payment of lump sum on termination of employment and continued accrual of earning absent request for lump sum payment, and inserting in lieu thereof the following:
"47-22-9. Upon the written request of a member who ceases to be an employee, a lump sum amount shall be paid to such person equal to the total amount credited to such member's account at the time the member ceases to be an employee. If such member dies before payment has been made, such payment shall be made to such person as the member has nominated, by written designation filed with the board; otherwise to the member's estate. If no such request is made, the member's account shall continue to accrue earnings in the same manner as any member's account; provided, however, that if any member who ceases to be an employee has less than such minimum amount as determined by the board credited to such member's account, the board may, at its option, require such member to withdraw all such moneys and the member's account shall be closed."

SECTION 4. Said title is further amended by striking in its entirety Code Section 47-23-103, relating to retirement based on age and application to retire, and inserting in lieu thereof the following:
"47-23-103. (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 of 60 years and after obtaining a minimum often years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section 47-23-100, 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.

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(b) The effective date of retirement shall be the first day of the month in which the application is received by the board of trustees, provided that no retirement shall, in any case, be effective earlier than the first day of the month following the final month of the applicant's emp 1oyment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement."

SECTION 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 47-24-100, relating to eligibility, effective date, and application, and inserting in lieu thereof the following:
'(b) The effective date of retirement shall be the first day of the month in which the application is received by the board, provided that no retirement application shall, in any case, be earlier than the first day of the month following the month of the applicant's discharge from the GeorgiaN ational Guard. Applications for retirement shall not be accepted more than 90 days in advance of the date of discharge."

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

Approved May 5, 2006.

DESIGNATE OFFICIAL APPALACHIAN STUDIES CENTER.
No. 916 (House Resolution No. 1258).
A RESOLUTION
Establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes.
WHEREAS, founded in 1873, North Georgia College and State University is the second oldest public institution of higher education in the state; and
WHEREAS, as the only four-year public institution in northeast Georgia, North Georgia College and State University offers a quality college experience in a beautiful mountain setting, about an hour north of Atlanta; and
WHEREAS, North Georgia College has the distinction of being the first public college in the state to admit women, in 1873, and the first to graduate a woman, in 1878; and

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WHEREAS, North Georgia College and State University began to consider creating an Appalachian Studies Center out of an awareness that Georgia's academic communities were missing out on many opportunities relating to the problems, solutions, and activities of the Appalachian area; and

WHEREAS, after observing models of such centers throughout the region, Dr. Alice Sampson submitted a grant proposal for an Appalachian Studies Center for the State of Georgia to the Appalachian Regional Commission, which subsequently approved her proposal; and

WHEREAS, the mission of the Appalachian Studies Center at North Georgia College and State University is to honor, engage, serve, and represent the Appalachian region through awareness, preservation, education, and collaboration; the vision ofthe Center is to be a responsive and engaged partner in the community providing leadership and resources to appreciate the past, assess the present, and address the future; and

WHEREAS, the mission and the vision meet identified Appalachian Regional Commission and State of Georgia goals, objectives, and strategies, including the creation of regional partnerships and networks; and

WHEREAS, the Georgia General Assembly and Appalachian Regional Commission deem the preservation of the culture, heritage, and history of Appalachian communities to be of the utmost importance.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body formally recognize the Appalachian Studies Center at North Georgia Co liege and State University as the foremost institution of its kind in the state and designate it as Georgia's official Appalachian Studies Center.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to North Georgia College and State University, the Appalachian Regional Commission, and the Board of Regents of the University System of Georgia.

Approved May 5, 2006.

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DESIGNATE DR. EDDIE MARLOW MEDICAL CLINIC.

No. 918 (Senate Resolution No. 760).

A RESOLUTION

Honoring the memory of Dr. Eddie Marlow and designating the Dalton Regional Youth Detention Center Medical Clinic as the Dr. Eddie Marlow Medical Clinic; and for other purposes.

WHEREAS, for 24 years, the late Dr. Eddie Marlow served the Dalton Regional Youth Detention Center as a physician, an Advisory Board member, and Sunday School teacher; and

WHEREAS, Dr. Marlow was instrumental in establishing a separate medical clinic at the Dalton Regional Youth Detention Center, and he served as the clinic's first physician; and

WHEREAS, during the course of his many years of service, Dr. Marlow touched the lives of countless students who have resided at the Dalton Regional Youth Detention Center, and he will always be remembered for his dedication and professionalism; and

WHEREAS, the Advisory Board and staff of the Dalton Regional Youth Detention Center are most grateful for the many contributions of Dr. Marlow and would like to pay tribute to his legacy by naming the center's medical clinic in honor of him; and

WHEREAS, Dr. Marlow's 24 years of healing and helping the students of the Dalton Regional Youth Detention Center were of tremendous value to his community and state.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the memory of Dr. Eddie Marlow and remember the many contributions he made to the State of Georgia.

BE IT FURTHER RESOLVED that, in recognition ofhis 24 years ofservice, the Dalton Regional Youth Detention Center Medical Clinic located in Dalton, Georgia, is hereinafter designated as the "Dr. Eddie Marlow Medical Clinic" and the Georgia Department of Juvenile Justice is authorized and directed to place and maintain appropriate signs so designating such facility.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Dr. Eddie Marlow and to the Department of Juvenile Justice.

Approved May 5, 2006.

CRIMINAL PROCEDURE- GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL; CIRCUIT PUBLIC DEFENDER REMOVAL; RATIFY STANDARD.
No. 919 (Senate Resolution No. 793).
A RESOLUTION
Ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G .A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes.
WHEREAS, Code Section 17-12-8 of the O.C.G.A. provides that the initial minimum standards promulgated by the Standards Council which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council, hereinafter referred to as the "Legislative Oversight Committee," to have a fiscal impact shall be submitted by the Standards Council to 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; and
WHEREAS, the Standards Council adopted the Standard for Removal for Cause on May 27, 2005; and
WHEREAS, the Legislative Oversight Committee at its meeting on October 13, 2005, reviewed and determined that the Standard for Removal for Cause has a fiscal impact; and
WHEREAS, a copy of the original document containing the Standard for Removal for Cause is attached to and made a part of this resolution; and
WHEREAS, the original document containing the Standard for Removal for Cause is signed by the chairperson of the Standards Council and is on file in the official records maintained by the Standards Council; and

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WHEREAS, the request for legislative ratification of the Standard for Removal for Cause has been submitted to the General Assembly in accordance with subsection (c) of Code Section 17-12-8 of the O.C.G.A. and it is the desire of the General Assembly to ratify and approve such standard.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly hereby ratifies and approves the Standard for Removal for Cause adopted by the Standards Council and approved by the Legislative Oversight Committee on October 13, 2005. A copy of the Standard for Removal for Cause has been presented to the Legislative Oversight Committee and is attached to this resolution, and the original document is on file in the official records maintained by the Standards Council.

BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without the Governor's approval.

STANDARD FOR REMOVAL OF A CIRCUIT PUBLIC DEFENDER FOR CAUSE PURSUANT TO O.C.G.A. 17-12-20

Whereas, O.C.G.A. 17-12-8 (b) (10) requires the Georgia Public Defender Standards Council, herein the "Standards Council or "the Council", to adopt a Standard for the removal of a circuit public defender for cause pursuant to 17-12-20; and

Whereas, O.C.G.A. 17-12-8 (b) authorizes the Standards Council to adopt and implement the standards necessary to fulfill the purposes and provisions of the Georgia Indigent Defense Act of2003, as amended.

The Standards Council adopts the following Standard:

Section 1. Definitions. For the purposes of this Standard the following definitions apply:
(1) "Removal for cause" means the following: (a) removal of a circuit public defender for the substantial failure to meet or comply with a standard, rule, policy or regulation adopted by the Council; or (b) removal for willful disobedience of the directions of the Council; or (c) removal for serious personal or professional misconduct including conviction of an offense designated as a felony under the laws of the State of Georgia or the United States or of a misdemeanor offense involving moral turpitude; or (d) removal for being sanctioned by the State Bar of Georgia for a violation of the Rules of Professional Conduct; or (e) removal for habitual neglect of duty or for incompetence in the performance of his or her duties; or

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(f) removal for willfully engaging in activities that prevent the Standards Council from carrying out its responsibilities under the provisions of the Georgia Indigent Defense Act of2003, as amended; or (g) removal for one or more of the above reasons. (2) "Respondent" means a circuit public defender about whom a finding of probable cause for removal for cause has been made pursuant to Section 2.

Section 2. Initial procedure for removal of circuit public defender. If the Standards Council determines by an affirmative vote of a majority of a quorum present at a meeting of the Council that there is probable cause for the removal for cause of a circuit public defender, the Standards Council may remove a circuit public defender after complying with the provisions of this Standard.

Section 3. Interim provision for the status of the circuit public defender. From the time the Standards Council determines by an affirmative vote of a majority of a quorum present at a meeting of the Council that there is probable cause for the removal for cause of a circuit public defender until the final decision is made by the Council, the respondent shall not perform the duties of circuit public defender, the respondent shall be placed by the director on administrative leave and the respondent is entitled to pay and benefits. During this period of time the Council shall assign an attorney to perform the duties of the circuit public defender for the respondent's circuit.

Section 4. Right to a notice and a hearing. (a) Notice. The respondent has the right to notice and a hearing prior to the final vote by the Standards Council on the respondent's removal for cause. The director ofthe Standards Council shall prepare and serve on the respondent by personal service or by certified mail, return receipt requested, a notice that shall include in the following:
( 1) A statement that the Standards Council has determined by an affirmative vote of a majority of a quorum present at a meeting of the Council that there is probable cause for the removal for cause of the respondent. (2) A statement that the respondent has the right to a hearing on the issue pursuant to the procedures in this Standard. (3) The time, place, and purpose of the hearing. (4) A statement of the legal authority and jurisdiction under which the hearing is to be held. (5) Reference to the particular sections of the statutes, resolutions, rules, policies, procedures and standards relied on as the basis for the determination of probable cause for the removal for cause. (6) A short and plain statement of the evidence that was the basis for the determination that there is probable cause for the removal for cause. (7) A list of witnesses who may be called at the hearing. (8) A copy of the documentary evidence that may be presented at the hearing. (9) A demand that the circuit public defender show cause why the circuit public defender not be removed for cause.

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(b) Representation. In a hearing under this Standard the respondent has the right to be represented by legal counsel, to cross examine witnesses and to respond and present evidence on all issues raised by the Standards Council or the respondent. (c) Hearing. The circuit public defender may request a hearing within 30 days of the service on the circuit public defender of the notice provided in Section 4 (a). The Standards Council may conduct an evidentiary hearing or may appoint a special master to conduct an evidentiary hearing and to make findings of fact to be presented to the Standards Council. The Council may appoint an employee of the Council or a third party to serve as an advocate to present the case for the respondent's removal for cause. The Council may regulate the course of the hearing, set the time and place for continued hearings, fix the time for filing briefs and other documents, provide for the taking of testimony by deposition or interrogatory, and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence ofthe Standards Council or the special master. The respondent, the advocate presenting the case for removal for cause, the special master, and members of the Standards Council may examine witnesses. The respondent, or the respondent's counsel, and the advocate presenting the case for removal for cause may cross examine adverse witnesses. (d) Rights of respondent at hearing. The respondent has the following rights relating to the hearing:
(I) The respondent shall be provided with copies of all documents, statements, and exhibits to be presented against the respondent no later than 30 days prior to any formal hearing.
(2) The respondent may prepare and present a written response and provide any mitigating information to the Council at least 10 days prior to the hearing.
(3) The respondent is entitled to a formal hearing and the opportunity to present witnesses and other evidence.
(4) Affidavits are admissible if served on the opposing party at least 15 days in advance of the hearing.
(5) Continuances may be granted in the discretion of the Standards Council or the special master.
(e) Rules of evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded in a hearing pursuant to this Standard. The rules of evidence as applied in the trial ofcivil nonjury cases in the superior courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible under the rules of evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by a reasonably prudent person in the conduct of the persons affairs or if it consists of a report of medical, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by a State agency in the normal course of its business. The rules ofprivilege recognized by law apply. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. 1 If the hearing is before a special master, the special master shall determine questions concerning the

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applicability of the rules of evidence. If the hearing is before the Standards Council, the chairperson shall determine questions concerning the applicability of the rules of evidence. The burden of proof in proceedings under this Standard is a preponderance of the evidence and is upon the advocate for the removal for cause. (f) If the respondent requests in writing prior to a hearing, the evidentiary portion of the hearing shall be open to the public. The deliberation portion of the hearing is not open to the public. The respondent may distribute the final decision of the Standards Council to any person or persons the respondent chooses.

Section 5. Final Decision. If the circuit public defender does not request a hearing within 30 days ofthe service ofthe notice provided in Section 3 (c), a final decision of the Standards Council may be made on the record without a hearing and shall be made within 10 days after the expiration of the time to request a hearing. If the circuit public defender requests a hearing, the final decision shall be made on the record within 10 days of the hearing. In either case the final decision of the Standards Council requires an affirmative vote of 6 members of the Standards Council present at a meeting of the Council. The Council shall include in its decision the findings of fact on which the decision for removal for cause is based. The director shall communicate the Council's final decision to the respondent in writing within 10 days of the decision. The decision of the Standards Council is final and not subject to further administrative review.

Section 6. Record. The director shall keep a record in each proceeding pursuant to this Standard. Except as provided in Section (f), hearings and deliberations of the Council pursuant to this Standard are personnel matters and are not open to the public. The Standards Council shall maintain a full and complete record of each such action in the hearing process, including a record of hearing, complaint, and exhibits. All proceedings shall be recorded by a certified court reporter.

' This provision is based on a similar provision in the Georgia Administrative Procedure Act, O.C.G.A. 50-13-15.

Notice of intention to adopt this standard was published on April 7, 2005 in accordance with 2.3 (a) (1) of the Standards Council Bylaws and the Standard was adopted by the Georgia Public Defender Standards Council at its meeting on May 27, 2005.

sf EMMET J. BONDURANT Emmet J. Bondurant Chairperson

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Attested:

s/NATASHA PERDEW SILAS Natasha Perdew Silas Secretary

Approved May 5, 2006.

REVENUE -MOTOR VEHICLE; FUNCTIONAL LOCATION REG IS TRATION.
No. 922 (House Bill No. 1236).
AN ACT
To amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, is amended by striking subsection (a) of said Code section and inserting in its place the following:
'(a)(!) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive.
(2)(A) Each motor vehicle owned by a resident ofthis state shall be returned in the county where the owner claims a homestead exemption or, if no such exemption is claimed, then in the county of the owner's domicile or, if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. (B) A motor vehicle owned by a resident of this state may be registered in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall first be returned for taxation as provided in subparagraph (A)

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of this paragraph. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the student's domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (3) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71:

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

Approved May 5, 2006.

LOCAL GOVERNMENT; BOND REPORTCONTENTS; BOND PERFORMANCE AUDITS.
No. 923 (House Bill No. 1012).
AN ACT
To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to change certain provisions regarding the contents of certain bond reports; to provide for additional performance audit requirements with respect to general obligation bonds and revenue bonds; to provide for a definition; to provide for power, duties, and authority of the inspector general; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended in Code Section 36-82-10, relating to reporting requirements regarding bonds, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
(b) A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million, shall

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file a report with the Department of Community Affairs which contains the following:
(1) Name of issuer; (2) Whether the issue is a new issue or a refinancing or refunding; (3) Total amount issued; (4) Term of issue; (5) Detailed description of purpose or purposes; (5.1) Whether the issue is a general obligation bond, revenue bond, or other bond, note, certificate of participation, or other obligation; (6) Name of underwriter; (7) Proceeds used for bond issuance costs, including underwriters' discount as reported on Line 24 of the United States Department of Treasury's Internal Revenue Service Form 8038-G; (8) N arne of bond counsel; (9) Interest rate; and (1 0) True or net interest costs. Such information shall be reported to the Department of Community Affairs in accordance with Code Section 36-81-8.8

SECTION 2. Said chapter is further amended by striking the Reserved designation of Article 4 and inserting in its place a new Article 4 to read as follows:
HARTICLE 4

36-82-100. (a) As used in this Code section, the term 'bonds' means any revenue or general obligation bonds issued under this chapter. (b) When bonds are issued by a county, municipality, or local authority in the amount of $5 million or more, the expenditure of bond proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such bond issue is below $5 million. (c) Each county, municipality, or local authority expending bond proceeds shall provide for a continuing performance audit or performance review of the expenditure of such funds. The county, municipality, or local authority shall contract with a certified public accountant or with an outside auditor, consultant, or other provider accredited or certified in the field of performance audits or performance reviews. Such accountant, auditor, consultant, or other provider shall only be qualified to perform the audit and review functions under this Code section if such accountant, auditor, consultant, or other provider has significant experience and competence in conducting comprehensive audits and reviews in conformance with generally accepted government auditing standards. The performance audit or performance review contract shall:

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( 1) Include a goal of ensuring to the maximum extent possible that the bond funds are expended efficiently and economically, so as to secure to the county, municipality, or local authority the maximum possible benefit from the bond funds; (2) Provide for the issuance of periodic public reports, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and (3) Provide for the issuance of periodic public recommendations, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, for improvements in meeting the goal specified in paragraph ( 1) of this subsection. (d) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The reasonable cost of the performance audit or performance review shall be paid from the proceeds of the bonds unless a specific waiver of public accountability is included in a legal advertisement in bold print contained within requisite public notice soliciting public preapproval of the applicable bond issue which expressly states that no performance audit or performance review shall be conducted with respect to such bond issue. (e) On and after the effective date of this Code section, the expenditure of bond proceeds shall be under the jurisdiction of and subject to review by the inspector general of this state with respect to any claim of fraud, waste, abuse, or mismanagement of funds. (f) This Code section shall apply with respect to any bonds which are subject to the requirements of subsection (b) of this Code section which are issued after the effective date of this Code section until the proceeds of such bond issue have been expended.'

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 5, 2006.

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COURTS- ADDITIONAL JUDGES; BLUE RIDGE, COWETA, AND HOUSTON JUDICIAL CIRCUITS.

No. 925 (House Bill No. 1073).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for a third judge of the superior courts of the Blue Ridge Judicial Circuit, a sixth judge of the superior courts of the Coweta Judicial Circuit, a third judge of the superior courts of the Houston Judicial Circuit, and a third judge of the superior courts of the Paulding Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising said circuits; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuits; to authorize the governing authority ofthe counties that comprise such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Part I SECTION 1-1.

Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraphs (6), (14), (21), and (31.1) and inserting their place new paragraphs to read as follows:
"(6) Blue Ridge Circuit ....................................... 3" "(14) CowetaCircuit ......................................... 6" n(21) Houston Circuit ........................................ 3" "(31.1) Paulding Circuit ...................................... Y

Part II SECTION 2-1.

One additional judge of the superior courts is added to the Blue Ridge Judicial Circuit, thereby increasing to three the number of judges of said circuit.

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SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election ofjudges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January I, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 2-3. The additional judge of the superior courts of the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges ofthe superior courts ofthis state. Any of the judges of the Blue Ridge Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 2-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Blue Ridge Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 2-5. All writs and processes in the superior courts of the Blue Ridge Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

SECTION 2-6. Upon and after qualification of the additionaljudge of the superior court ofthe Blue Ridge Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for

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the effective transaction of the business ofthe court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision ofthe senior judge in point of service, who shall be known as the chief judge, shall be controlling.

SECTION 2-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.

SECTION 2-8. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 2-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit may bear teste in the name of any judge of the Blue Ridge Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 2-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Blue Ridge Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

Reserved.

Part III

Part IV SECTION 4-1.

One additional judge of the superior courts is added to the Coweta Judicial Circuit, thereby increasing to six the number of judges of said circuit.

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SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31,2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election ofjudges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 4-3. The additional judge of the superior courts of the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges ofthe superior courts ofthis state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 4-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Coweta Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 4-5. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Coweta Judicial Circuit, the six judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for

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the effective transaction ofthe business ofthe court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision ofthe senior judge in point of service, who shall be known as the chiefjudge, shall be controlling. The six judges of the superior courts of the Coweta Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.

SECTION 4-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.

SECTION 4-8. The six judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 4-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 4-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Coweta Judicial Circuit are authorized to furnish the judges of such

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circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

Reserved.

Part V

Part VI SECTION 6-1.

One additional judge of the superior courts is added to the Houston Judicial Circuit, thereby increasing to three the number of judges of said circuit.

SECTION 6-2. Said additional judge shall be appointed by the Governor for a term beginning January l, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election ofjudges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 6-3. The additional judge of the superior courts of the Houston Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Houston Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 6-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Houston Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Houston Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

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SECTION 6-5. All writs and processes in the superior courts of the Houston Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose ofthis Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

SECTION 6-6. Upon and after qualification of the additional judge of the superior court of the Houston Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction ofthe business ofthe court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.

SECTION 6-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.

SECTION 6-8. The three judges ofthe Houston Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 6-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Houston Judicial Circuit may bear teste in the name of any judge of the Houston Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 6-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Houston Judicial Circuit are authorized to furnish the judges of said

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circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

Part VII SECTION 7-1.

One additionaljudge of the superior courts is added to the Paulding Judicial Circuit, thereby increasing to three the number ofjudges of said circuit.

SECTION 7-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election ofjudges ofthe superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 7-3. The additional judge of the superior courts of the Paulding Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Paulding Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 7-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Paulding Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Paulding Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 7-5. All writs and processes in the superior courts of the Paulding Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided

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by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose ofthis Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.

SECTION 7-6. Upon and after qualification of the additional judge of the superior court of the Paulding Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business ofthe court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.

SECTION 7-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.

SECTION 7-8. The three judges of the Paulding Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 7-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Paulding Judicial Circuit may bear teste in the name of any judge of the Paulding Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 7-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Paulding Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in

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this Act are declared to be an expense of the court and payable out of the county treasury as such.

Part VIII SECTION 8-1.

Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 8-2. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, Parts II, IV, VI, and VII of this Act shall become effective January 1, 2007. (c) For all other purposes, Parts I, III, V, and VIII of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval.

SECTION 8-3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 5, 2006.

INSURANCE; INTERSTATE INSURANCE PRODUCT REGULATION COMPACT.
No. 934 (Senate Bill No. 384).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the Interstate Insurance Product Regulation Compact; to help states join together to establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 59 to read as follows:

"CHAPTER 59

33-59-l. The Interstate Insurance Product Regulation Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE INSURANCE PRODUCT REGULATION COMPACT Article I. Purposes.

The purposes of this Interstate Insurance Product Regulation Compact are, through means of joint and cooperative action among the Compacting States:
(I) To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products; (2) To develop uniform standards for insurance products covered under the Compact; (3) To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more Compacting States; (4) To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard; (5) To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the Compact; (6) To create the Interstate Insurance Product Regulation Commission; and (7) To perform these and such other related functions as may be consistent with the state regulation of the business of insurance.

Article II. Definitions.

For purposes of this Compact: ( 1) 'Advertisement' means any material designed to create public interest in a Product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a policy, as more specifically defined in the Rules and Operating Procedures of the Commission. (2) 'Bylaws' mean those bylaws established by the Commission for its governance, or for directing or controlling the Commission's actions or conduct.

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(3) 'Compacting State' means any State which has enacted this Compact legislation and which has not withdrawn pursuant to Article XIV, Section 1, or been terminated pursuant to Article XIV, Section 2. (4) 'Commission' means the Interstate Insurance Product Regulation Commission established by this Compact. (5) 'Commissioner' means the chief insurance regulatory official of a State including, but not limited to, commissioner, superintendent, director or administrator. (6) 'Domiciliary State' means the state in which an Insurer is incorporated or organized, or, in the case of an alien Insurer, its state of entry. (7) 'Insurer' means any entity licensed by a State to issue contracts of insurance for any of the lines of insurance covered by this Act. (8) 'Member' means the person chosen by a Compacting State as its representative to the Commission, or his or her designee. (9) 'Noncompacting State' means any State which is not at the time a Compacting State. ( 10) 'Operating Procedures' mean procedures promulgated by the Commission implementing a Rule, Uniform Standard, or a provision of this Compact. (11) 'Product' means the form of a policy or contract, including any application, endorsement, or related form which is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income, or long-term care insurance product that an Insurer is authorized to issue. (12) 'Rule' means a statement of general or particular applicability and future effect promulgated by the Commission, including a Uniform Standard developed pursuant to Article VII of this Compact, designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of the Commission, which shall have the force and effect of law in the Compacting States. (13) 'State' means any state, district, or territory of the United States of America. (14) 'Third-Party Filer' means an entity that submits a Product filing to the Commission on behalf of an Insurer. (15) 'Uniform Standard' means a standard adopted by the Commission for a Product line, pursuant to Article VII of this Compact, and shall include all of the Product requirements in aggregate; provided, that each Uniform Standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading, or ambiguous provisions in a Product and the form of the Product made available to the public shall not be unfair, inequitable, or against public policy as determined by the Commission.

Article III. Establishment ofthe Commission and Venue.

( 1) The Compacting States hereby create and establish a joint public agency known as the 'Interstate Insurance Product Regulation Commission.' Pursuant

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to Article IV, the Commission will have the power to develop Uniform Standards for Product lines, receive and provide prompt review of Products filed therewith, and give approval to those Product filings satisfying applicable Uniform Standards; provided, it is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall pro hibit any Insurer from filing its product in any State wherein the Insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the State where filed. (2) The Commission is a body corporate and politic, and an instrumentality of the Compacting States. (3) The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact. (4) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a Court of competent jurisdiction where the principal office of the Commission is located.

Article IV. Powers of the Commission.

The Commission shall have the following powers: ( 1) To promulgate Rules, pursuant to Article VII of this Compact, which shall have the force and effect oflaw and shall be binding in the Compacting States to the extent and in the manner provided in this Compact; (2) To exercise its rulemaking authority and establish reasonable Uniform Standards for Products covered under the Compact, and Advertisement related thereto, which shall have the force and effect of law and shall be binding in the Compacting States, but only for those Products filed with the Commission, provided, that a Compacting State shall have the right to opt out of such Uniform Standard pursuant to Article VII, to the extent and in the manner provided in this Compact, and, provided further, that any Uniform Standard established by the Commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioners' Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The Commission shall consider whether any subsequent amendments to the NAIC Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation adopted by the NAIC require amending of the Uniform Standards established by the Commission for long-term care insurance products; (3) To receive and review in an expeditious manner Products filed with the Commission, and rate filings for disability income and long-term care insurance Products, and give approval ofthose Products and rate filings that satisfy the applicable Uniform Standard, where such approval shall have the force and effect of law and be binding on the Compacting States to the extent and in the manner provided in the Compact;

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(4) To receive and review in an expeditious manner Advertisement relating to long-term care insurance products for which Uniform Standards have been adopted by the Commission, and give approval to all Advertisement that satisfies the applicable Uniform Standard. For any product covered under this Compact, other than long-term care insurance products, the Commission shall have the authority to require an insurer to submit all or any part of its Advertisement with respect to that product for review or approval prior to use, if the Commission determines that the nature of the product is such that an Advertisement of the product could have the capacity or tendency to mislead the public. The actions of Commission as provided in this section shall have the force and effect of law and shall be binding in the Compacting States to the extent and in the manner provided in the Compact; (5) To exercise its rule-making authority and designate Products and Advertisement that may be subject to a self-certification process without the need for prior approval by the Commission. (6) To promulgate Operating Procedures, pursuant to Article VII of this Compact, which shall be binding in the Compacting States to the extent and in the manner provided in this Compact; (7) To bring and prosecute legal proceedings or actions in its name as the Commission; provided, that the standing of any state insurance department to sue or be sued under applicable law shall not be affected; (8) To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence; (9) To establish and maintain offices; (10) To purchase and maintain insurance and bonds; (11) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Compacting State; (12) To hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties, and give them appropriate authority to carry out the purposes of the Compact, and determine their qualifications; and to establish the Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; (13) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety; (14) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety; (15) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (16) To remit filing fees to Compacting States as may be set forth in the Bylaws, Rules, or Operating Procedures;

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(17) To enforce compliance by Compacting States with Rules, Uniform Standards, Operating Procedures, and Bylaws; (18) To provide for dispute resolution among Compacting States; ( 19) To advise Compacting States on issues relating to Insurers domiciled or doing business in Noncompacting jurisdictions, consistent with the purposes of this Compact; (20) To provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments; (21) To establish a budget and make expenditures; (22) To borrow money; (23) To appoint committees, including advisory committees compnsmg Members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in the Bylaws; (24) To provide and receive information from, and to cooperate with law enforcement agencies; (25) To adopt and use a corporate seal; and (26) To perform such other functions as may be necessary or appropriate to achieve the purposes ofthis Compact consistent with the state regulation of the business of insurance.

Article V. Organization of the Commission.

(1) Membership, Voting, and Bylaws. (a) Each Compacting State shall have and be limited to one Member. Each Member shall be qualified to serve in that capacity pursuant to applicable law of the Compacting State. Any Member may be removed or suspended from office as provided by the law of the State from which he or she shall be appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compacting State wherein the vacancy exists. Nothing herein shall be construed to affect the manner in which a Compacting State determines the election or appointment and qualification of its own Commissioner. (b) Each Member shall be entitled to one vote and shall have an opportunity to participate in the governance of the Commission in accordance with the Bylaws. Notwithstanding any provision herein to the contrary, no action of the Commission with respect to the promulgation of a Uniform Standard shall be effective unless two-thirds (2/3) of the Members vote in favor thereof. (c) The Commission shall, by a majority ofthe Members, prescribe Bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, ofthe Compact, including, but not limited to:

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(i) Establishing the fiscal year of the Commission; (ii) Providing reasonable procedures for appointing and electing members, as well as holding meetings, of the Management Committee; (iii) Providing reasonable standards and procedures: (i) for the establishment and meetings of other committees, and (ii) governing any general or specific delegation of any authority or function of the Commission; (iv) Providing reasonable procedures for calling and conducting meetings of the Commission that consists of a majority of Commission members, ensuring reasonable advance notice of each such meeting and providing for the right ofcitizens to attend each such meeting with enumerated exceptions designed to protect the public s interest, the privacy of individuals, and insurers' proprietary information, including trade secrets. The Commission may meet in camera only after a majority of the entire membership votes to close a meeting en toto or in part. As soon as practicable, the Commission must make public (i) a copy of the vote to close the meeting revealing the vote of each Member with no proxy votes allowed, and (ii) votes taken during such meeting; (v) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission; (vi) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission; (vii) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; and (viii) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations. (d) The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compacting States. (2) Management Committee, Officers, and Personnel. (a) A Management Committee comprising no more than fourteen (14) members shall be established as follows: (i) One (1) member from each of the six (6) Compacting States with the largest premium volume for individual and group annuities, life, disability income, and long-term care insurance products, determined from the records of the NAIC for the prior year; (ii) Four (4) members from those Compacting States with at least two percent (2%) of the market based on the premium volume described above, other than the six (6) Compacting States with the largest premium volume, selected on a rotating basis as provided in the Bylaws; and

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(iii) Four (4) members from those Compacting States with less than two percent (2%) ofthe market, based on the premium volume described above, with one (l) selected from each ofthe four (4) zone regions of the NAIC as provided in the Bylaws. (b) The Management Committee shall have such authority and duties as may be set forth in the Bylaws, including but not limited to: (i) Managing the affairs of the Commission in a manner consistent with the Bylaws and purposes of the Commission; (ii) Establishing and overseeing an organizational structure within, and appropriate procedures for, the Commission to provide for the creation of Uniform Standards and other Rules, receipt and review of product filings, administrative and technical support functions, review ofdecisions regarding the disapproval of a product filing, and the review of elections made by a Compacting State to opt out ofa Uniform Standard; provided that a Uniform Standard shall not be submitted to the Compacting States for adoption unless approved by two-thirds (2/3) of the members of the Management Committee; (iii) Overseeing the offices of the Commission; and (iv) Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Commission. (c) The Commission shall elect annually officers from the Management Committee, with each having such authority and duties, as may be specified in the Bylaws. (d) The Management Committee may, subject to the approval of the Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Commission may deem appropriate. The executive director shall serve as secretary to the Commission, but shall not be a Member of the Commission. The executive director shall hire and supervise such other staff as may be authorized by the Commission. (3) Legislative and Advisory Committees. (a) A legislative committee comprising state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the Commission, including the Management Committee; provided that the manner of selection and term of any legislative committee member shall be as set forth in the Bylaws. Prior to the adoption by the Commission of any Uniform Standard, revision to the Bylaws, annual budget, or other significant matter as may be provided in the Bylaws, the Management Committee shall consult with and report to the legislative committee. (b) The Commission shall establish two (2) advisory committees, one of which shall comprise consumer representatives independent ofthe insurance industry, and the other comprising insurance industry representatives. (c) The Commission may establish additional advisory committees as its Bylaws may provide for the carrying out of its functions.

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(4) Corporate Records of the Commission. The Commission shall maintain its corporate books and records in accordance with the Bylaws. (5) Qualified Immunity, Defense, and Indemnification.
(a) The Members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person. (b) The Commission shall defend any Member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful and wanton misconduct (c) The Commission shall indemnify and hold harmless any Member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope ofCommission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities,provided, that the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct of that person.

Article VI. Meetings and Acts of the Commission.

(I) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws. (2) Each Member of the Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Commission. A Member shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Members' participation in meetings by telephone or other means of communication. (3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws.

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RULEMAKING FUNCTIONS OF THE COMMISSION AND OPTING OUT OF UNIFORM STANDARDS
Article VII. Rules and Operating Procedures.

(1) RULEMAKING AUTHORITY. The Commission shall promulgate reasonable Rules, including Uniform Standards, and Operating Procedures in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope ofthe purposes of this Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect. (2) RULE MAKING PROCEDURE. Rules and Operating Procedures shall be made pursuant to a rulemaking process that conforms to the Model State Administrative Procedure Act of 1981, as amended, as may be appropriate to the operations of the Commission. Before the Commission adopts a Uniform Standard, the Commission shall give written notice to the relevant state legislative committee(s) in each Compacting State responsible for insurance issues of its intention to adopt the Uniform Standard. The Commission in adopting a Uniform Standard shall consider fully all submitted materials and issue a concise explanation of its decision. (3) EFFECTIVE DATE AND OPT OUT OF A UNIFORM STANDARD. A Uniform Standard shall become effective ninety (90) days after its promulgation by the Commission or such later date as the Commission may determine; provided, however, that a Compacting State may opt out of a Uniform Standard as provided in this Article. 'Opt out' shall be defined as any action by a Compacting State to decline to adopt or participate in a promulgated Uniform Standard. All other Rules and Operating Procedures, and amendments thereto, shall become effective as of the date specified in each Rule, Operating Procedure, or amendment.
(4) OPT OUT PROCEDURE. A Compacting State may opt out of a Uniform Standard, either by legislation or regulation duly promulgated by the Insurance Department under the Compacting State's Administrative Procedure Act. If a Compacting State elects to opt out of a Uniform Standard by regulation, it must (a) give written notice to the Commission no later than ten (1 0) business days after the Uniform Standard is promulgated, or at the time the State becomes a Compacting State and (b) find that the Uniform Standard does not provide reasonable protections to the citizens of the State, given the conditions in the State. The Commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the State which warrant a departure from the Uniform Standard and determining that the Uniform Standard would not reasonably protect the citizens of the State. The Commissioner must consider and balance the following factors and find that the conditions in the State and needs of the citizens of the State outweigh: (i) the intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the Products subject to this Compact; and (ii) the

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presumption that a Uniform Standard adopted by the Commission provides reasonable protections to consumers of the relevant Product. Notwithstanding the foregoing, a Compacting State may, at the time of its enactment of this Compact, prospectively opt out of all Uniform Standards involving long-term care insurance products by expressly providing for such opt out in the enacted Compact, and such an opt out shall not be treated as a material variance in the offer or acceptance of any State to participate in this Compact. Such an opt out shall be effective at the time of enactment of this Compact by the Compacting State and shall apply to all existing Uniform Standards involving long-term care insurance products and those subsequently promulgated. (5) EFFECT OF OPT OuT. If a Compacting State elects to opt out of a Uniform Standard, the Uniform Standard shall remain applicable in the Compacting State electing to opt out until such time the opt out legislation is enacted into law or the regulation opting out becomes effective. Once the opt out ofa Uniform Standard by a Compacting State becomes effective as provided under the laws of that State, the Uniform Standard shall have no further force and effect in that State unless and until the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective under the laws of the State. If a Compacting State opts out of a Uniform Standard after the Uniform Standard has been made effective in that State, the opt out shall have the same prospective effect as provided under Article XIV for withdrawals. (6) STAY OF UNIFORM STANDARD. If a Compacting State has formally initiated the process of opting out of a Uniform Standard by regulation, and, while the regulatory opt out is pending, the Compacting State may petition the Commission, at least fifteen (15) days before the effective date of the Uniform Standard, to stay the effectiveness of the Uniform Standard in that State. The Commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the Commission, the stay or extension thereof may postpone the effective date by up to ninety (90) days, unless affirmatively extended by the Commission; provided, a stay may not be permitted to remain in effect for more than one (l) year unless the Compacting State can show extraordinary circumstances which warrant a continuance of the stay, including, but not limited to, the existence of a legal challenge which prevents the Compacting State from opting out. A stay may be terminated by the Commission upon notice that the rulemaking process has been terminated. (7) Not later than thirty (30) days after a Rule or Operating Procedure is promulgated, any person may file a petition for judicial review of the Rule or Operating Procedure; provided, that the filing of such a petition shall not stay or otherwise prevent the Rule or Operating Procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions ofthe Commission consistent with applicable law and shall not find the Rule or Operating Procedure to be unlawful if the Rule or Operating Procedure represents a reasonable exercise of the Commission's authority.

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Article VIII. Commission Records and Enforcement.

(1) The Commission shall promulgate Rules establishing conditions and procedures for public inspection and copying of its information and official records, except such information and records involving the privacy of individuals and insurers' trade secrets. The Commission may promulgate additional Rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions, (2) Except as to privileged records, data, and information, the laws of any Compacting State pertaining to confidentiality or nondisclosure shall not relieve any Compacting State Commissioner of the duty to disclose any relevant records, data, or information to the Commission; provided, that disclosure to the Commission shall not be deemed to waive or otherwise affect any confidentiality requirement; and further provided, that, except as otherwise expressly provided in this Act, the Commission shall not be subject to the Compacting State's laws pertaining to confidentiality and nondisclosure with respect to records, data, and information in its possession. Confidential information of the Commission shall remain confidential after such information is provided to any Commissioner. (3) The Commission shall monitor Compacting States for compliance with duly adopted Bylaws, Rules, including Uniform Standards, and Operating Procedures. The Commission shall notify any noncomplying Compacting State in writing of its noncompliance with Commission Bylaws, Rules or Operating Procedures. If a noncomplying Compacting State fails to remedy its none omp liance within the time specified in the notice of noncompliance, the Compacting State shall be deemed to be in default as set forth in Article XIV. (4) The Commissioner of any State in which an Insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise his or her authority to oversee the market regulation of the activities of the Insurer in accordance with the provisions of the State's law. The Commissioner's enforcement of compliance with the Compact is governed by the following provisions: (a) With respect to the Commissioner's market regulation of a Product or Advertisement that is approved or certified to the Commission, the content of the Product or Advertisement shall not constitute a violation of the provisions, standards, or requirements of the Compact except upon a final order of the Commission, issued at the request of a Commissioner after prior notice to the Insurer and an opportunity for hearing before. the Commission. (b) Before a Commissioner may bring an action for violation of any provision, standard, or requirement of the Compact relating to the content of an Advertisement not approved or certified to the Commission, the Commission, or an authorized Commission officer or employee, must authorize the action.

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However, authorization pursuant to this paragraph does not require notice to the Insurer, opportunity for hearing or disclosure of requests for authorization or records of the Commission's action on such requests.

Article IX. Dispute Resolution.

The Commission shall attempt, upon the request of a Member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more Compacting States, or between Compacting States and Noncompacting States, and the Commission shall promulgate an Operating Procedure providing for resolution of such disputes.

Article X. Product Filing and Approval.

(1) Insurers and Third-Party Filers seeking to have a Product approved by the Commission shall file the Product with, and pay applicable filing fees to, the Commission. Nothing in this Act shall be construed to restrict or otherwise prevent an insurer from filing its Product with the insurance department in any State wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the States where filed. (2) The Commission shall establish appropriate filing and review processes and procedures pursuant to Commission Rules and Operating Procedures. Notwithstanding any provision herein to the contrary, the Commission shall promulgate Rules to establish conditions and procedures under which the Commission will provide public access to Product filing information. In establishing such Rules, the Commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a Product filing or supporting information. (3) Any Product approved by the Commission may be sold or otherwise issued in those Compacting States for which the Insurer is legally authorized to do business.

Article XI. Review of Commission Decisions Regarding Filings.

( 1) Not later than thirty (30) days after the Commission has given notice of a disapproved Product or Advertisement filed with the Commission, the Insurer or Third Party Filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate Rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the Commission, in disapproving a Product or Advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section (4).

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(2) The Commission shall have authority to monitor, review, and reconsider Products and Advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant Uniform Standard. Where appropriate, the Commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in Section (1) above.

Article XII. Finance.

(1) The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, Compacting States, and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised. (2) The Commission shall collect a filing fee from each Insurer and Third Party Filer filing a product with the Commission to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commission's annual budget. (3) The Commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in Article VII of this Compact. (4) The Commission shall be exempt from all taxation in and by the Compacting States. (5) The Commission shall not pledge the credit of any Compacting State, except by and with the appropriate legal authority of that Compacting State. (6) The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its Bylaws. The financial accounts and reports including the system of internal controls and procedures of the Commission shall be audited annually by an independent certified public accountant. Upon the determination of the Commission, but no less frequently than every three (3) years, the review of the independent auditor shall include a management and performance audit ofthe Commission. The Commission shall make an Annual Report to the Governor and legislature of the Compacting States, which shall include a report of the independent audit. The Commission's internal accounts shall not be confidential and such materials may be shared with the Commissioner of any Compacting State upon request provided, however, that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.

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(7) No Compacting State shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact.

Article XIII. Compacting States, Effective Date, and Amendment.

(1) Any State is eligible to become a Compacting State. (2) The Compact shall become effective and binding upon legislative enactment of the Compact into law by two Compacting States; provided, the Commission shall become effective for purposes of adopting Uniform Standards for, reviewing, and giving approval or disapproval of, Products filed with the Commission that satisfy applicable Uniform Standards only after twenty-six (26) States are Compacting States or, alternatively, by States representing greater than forty percent (40%) of the premium volume for life insurance, annuity, disability income, and long-term care insurance products, based on records of the NAIC for the prior year. Thereafter, it shall become effective and binding as to any other Compacting State upon enactment of the Compact into law by that State. (3) Amendments to the Compact may be proposed by the Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Commission and the Compacting States unless and until all Compacting States enact the amendment into law.

Article XIV. Withdrawal, Default, and Termination.

(1) Withdrawal. (a) Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact ('Withdrawing State') by enacting a statute specifically repealing the statute which enacted the Compact into law. (b) The effective date of withdrawal is the effective date of the repealing statute. However, the withdrawal shall not apply to any product filings approved or self-certified, or any Advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the Commission and theW ithdrawing State unless the approval is rescinded by the Withdrawing State as provided in Paragraph (e) of this section. (c) The Commissioner ofthe Withdrawing State shall immediately notify the Management Committee in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. (d) The Commission shall notify the other Compacting States of the introduction of such legislation within ten ( 10) days after its receipt of notice thereof. (e) The Withdrawing State is responsible for all obligations, duties, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of

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withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the Commission and the Withdrawing State. The Commission's approval of Products and Advertisement prior to the effective date of withdrawal shall continue to be effective and be given full force and effect in the Withdrawing State, unless formally rescinded by the Withdrawing State in the same manner as provided by the laws of the Withdrawing State for the prospective disapproval of products or advertisement previously approved under state law. (f) Reinstatement following withdrawal of any Compacting State shall occur upon the effective date of theW ithdrawing State reenacting the Compact. (2) Default. (a) If the Commission determines that any Compacting State has at any time defaulted ('Defaulting State) in the performance of any of its obligations or responsibilities under this Compact, the Bylaws or duly promulgated Rules or Operating Procedures, then, after notice and hearing as set forth in the Bylaws, all rights, privileges, and benefits conferred by this Compact on the Defaulting State shall be suspended from the effective date of default as fixed by the Commission. The grounds for default include, but are not limited to, failure of a Compacting State to perform its obligations or responsibilities, and any other grounds designated in Commission Rules. The Commission shall immediately notify the Defaulting State in writing of the Defaulting State's suspension pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Commission, the Defaulting State shall be terminated from the Compact and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of termination. (b) Product approvals by the Commission or product self-certifications, or any Advertisement in connection with such product, that are in force on the effective date of termination shall remain in force in the Defaulting State in the same manner as if the Defaulting State had withdrawn voluntarily pursuant to Section ( 1) of this article. (c) Reinstatement following termination of any Compacting State requires a reenactment of the Compact. (3) Dissolution of Compact. (a) The Compact dissolves effective upon the date ofthe withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State. (b) Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be wound up and any surplus funds shall be distributed in accordance with the Bylaws.

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Article XV. Severability and Construction.

(1) The provisions of this Compact shall be severable; and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. (2) The provisions of this Compact shall be liberally construed to effectuate its purposes.

Article XVI. Binding Effect of Compact and Other Laws.

(1) Other Laws. (a) Nothing herein prevents the enforcement of any other law of a Compacting State, except as provided in Paragraph (b) of this section. (b) For any Product approved or certified to the Commission, the Rules, Uniform Standards, and any other requirements of the Commission shall constitute the exclusive provisions applicable to the content, approval, and certification of such Products. For Advertisement that is subject to the Commission's authority, any Rule, Uniform Standard, or other requirement of the Commission which governs the content of the Advertisement shall constitute the exclusive provision that a Commissioner may apply to the content of the Advertisement. Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict: (i) the access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the Product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including, but not limited to, maintaining any actions or proceedings, as authorized by law. (c) All insurance products filed with individual States shall be subject to the laws of those States.
(2) Binding Effect of this Compact. (a) All1awful actions of the Commission, including all Rules and Operating Procedures promulgated by the Commission, are binding upon the Compacting States. (b) All agreements between the Commission and the Compacting States are binding in accordance with their terms. (c) Upon the request of a party to a conflict over the meaning or interpretation of Commission actions, and upon a majority vote of the Compacting States, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute. (d) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers, or jurisdiction sought to be conferred by that provision upon the Commission shall be ineffective as to that Compacting State, and those obligations, duties, powers, or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which those obligations,

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duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

33-59-2. Pursuant to terms and conditions of this chapter, the State of Georgia seeks to join with other States and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. The Commissioner oflnsurance is hereby designated to serve as the representative of the State of Georgia to the Commission."

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

Approved May 5, 2006.

LAW ENFORCEMENT- DEPARTMENT OF PUBLIC SAFETY; BADGES, DUTY WEAPONS, AND UNIFORMS.
No. 936 (Senate Bill No. 520).
AN ACT
To amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and duty weapon to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision ofuniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking subsection (c) of Code Section 35-2-42, relating to compensation of members of the Uniform Division, communications officers, recruits, and cadets, and inserting a new subsection (c) to read as follows:

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n(c) The board shall be authorized to pay to sworn members of the Department of Public Safety additional compensation to be paid upon retirement in the form of the badge and the duty weapon issued by the department to such member.n

SECTION 2. Said article is further amended by striking Code Section 35-2-49, relating to the provision of uniforms and equipment to members of the Uniform Division and radio operators and retention ofweapons and badges upon retirement, in its entirety and inserting a new Code Section 3 5-2-49 to read as follows:
8 35-2-49. The commissioner shall, within the limit of the appropriation, provide the sworn members ofthe Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a sworn member has accumulated 15 years of service with the Department of Public Safety, including prior service with the Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, or upon leaving the department as a result of a disability arising in the line of duty regardless of the number of years of service, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators. After a radio operator has accumulated 15 years of service with the department, including prior service with the Georgia Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, such radio operator shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner.n

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 5, 2006.

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EDUCATION- ENROLLMENT; CHILDREN IN CUSTODY.

No. 937 (Senate Bill No. 618).

AN ACT

To amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," is amended by striking Code Section 20-2-133, relating to free public instruction, and inserting in lieu thereof the following:
820-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child in a placement operated by the Department of Human Resources or for which payment is made by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and no child who is in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Resources or any of its divisions shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading

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materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.
(b)(1) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Resources, or in a placement operated by the Department of Human Resources, or in a facility or placement paid for by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as long as the child is physically present in the school district. A child will be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Resources. No child in a youth development center, regardless ofhis or her custody status, shall be eligible for enrollment in the educational pro grams of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (2) Except as otherwise provided in this Code section; placement in a facility by a parent or by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another. (4) When the custodian of or placing agency for any child notifies a local unit ofadministration, as provided in paragraph (3) ofthis subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs (IEP 's) and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the

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contrary, the custodian of the records has the obligation to transfer these records and the local unit ofadministration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) of this subsection, the Department of Juvenile Justice or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraph ( 1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (6) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (7) The Department of Education, the Department of Human Resources, the Department of Juvenile Justice, and the local units of administration where Department of Education, Department of Juvenile Justice, or Department of Human Resources placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Resources.'

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

Approved May 5, 2006.

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HEALTH - HOSPICE; PALLIATIVE CARE; ADVANCED AND PROGRESSIVE DISEASES.

No. 939 (House Bill No. 1008).

AN ACT

To amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," is amended by striking Code Section 31-7-172, relating to definitions, and inserting in lieu thereof the following:
'31-7 -172. As used in this article, the term:
( 1) 'Advanced and progressive disease' means a serious life-threatening medical condition which is irreversible and which will continue indefinitely, where there is no reasonable hope of recovery, but where the patient's medical prognosis is one in which there is a life expectancy of up to two years. This term does not include terminally ill patients as defined in paragraph ( 12) of this Code section. (2) 'Bereavement services' means the supportive services provided to the family unit to assist it in coping with the patient's death, including follow-up assessment and assistance through the first year after death. (3) 'Department' means the Department of Human Resources. (4) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers. (5) 'Hospice' means a public agency or private organization or unit of either providing to persons terminally ill and to their families, regardless of ability to pay, a centrally administered and autonomous continuum of palliative and supportive care, directed and coordinated by the hospice care team primarily in the patient's home but also on an outpatient and short-term inpatient basis and which is classified as hospice by the department. In addition, such public agency or private organization or unit of either may also provide palliative care

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to persons with advanced and progressive diseases and to their families, directed and coordinated by the hospice care team. (6) 'Hospice care' means both regularly scheduled care and care available on a 24 hour on-call basis, consisting of medical, nursing, social, spiritual, volunteer, and bereavement services substantially all of which are provided to the patient and to the patient's family regardless of ability to pay under a written care plan established and periodically reviewed by the patient's attending physician, by the medical director ofthe hospice program, and by the hospice care team. (7) 'Hospice care team' means an interdisciplinary working unit composed of members of the various helping professions (who may donate their professional services), including but not limited to: a physician licensed or authorized to practice in this state, a registered professional nurse, a social worker, a member of the clergy or other counselor, and volunteers who provide hospice care. (8) 'Hospice patient family unit' means the terminally ill person or person with an advanced and progressive disease and his or her family, which may include spouse, children, siblings, parents, and other relatives with significant personal ties to the patient. (9) 'License' means a license issued by the department. (I 0) 'Palliative care' means those interventions by the hospice care team which are intended to alleviate suffering and to achieve relief from, reduction of, or elimination of pain and of other physical, emotional, social, or spiritual symptoms of distress to achieve the best quality oflife for the patients and their families. (II) 'Patient' means a terminally ill individual receiving the hospice continuum of services, regardless of ability to pay, and also means an individual with an advanced and progressive disease. (12) 'Terminally ill' means that the individual is experiencing an illness for which therapeutic intervention directed toward cure of the disease is no longer appropriate, and the patient's medical prognosis is one in which there is a life expectancy of six months or less:

SECTION 2. Said article is further amended by striking Code Section 31-7-176, relating to responsibilities of provider of hospice care, and inserting in lieu thereof the following:
'31-7-176. (a) The hospice care program shall coordinate its services with those of the patient's primary or attending physicians, and may contract out for elements of services rendered to the patient and family unit, but not for the basic hospice care services, provided by physicians, attending nurses, and counselors. The hospice care team shall be responsible for coordination ofinpatient, outpatient, and home care aspects of care.

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(b) Hospice services must meet all applicable definitions provided for in Code Section 31-7-172. (c) A hospice program of care shall not impose the dictates of any value or belief system on its patients and their family units.
(d)(l) Notwithstanding any inconsistent provision of this article to the contrary, a hospice may, in addition to providing care to terminally ill individuals, also provide palliative care for patients with advanced and progressive diseases and for their families. Such care may be provided by a hospice acting alone or under contract with a health care facility. (2) Nothing in this subsection shall prevent the provision of palliative care for patients with advanced and progressive diseases and for their families by any other health care provider otherwise authorized to provide such care."

SECTION 2A. This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.

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

Approved May 5, 2006.

LAW ENFORCEMENT- GEORGIA PUBLIC SAFETY TRAINING CENTER; EMERGENCY MEDICAL PERSONNEL.
No. 940 (Senate Bill No. 581).
AN ACT
To amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; to provide for effect of chapter on the Department of Technical and Adult Education; 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. Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, is amended by striking Code Section 35-5-2, relating to the board's authority to establish, operate, and maintain the Georgia Public Safety Training Center, in its entirety and inserting in its place a new Code Section 35-5-2 to read as follows:
'35-5-2. (a) The Board of Public Safety is authorized:
( 1) To establish, operate, and maintain the Georgia Public Safety Training Center for the purpose of providing facilities and programs for the training of state and local law enforcement officers, firefighters, correctional personnel, emergency medical personnel, and others; and (2) To do all things and take any action necessary to accomplish such purpose, including, but not limited to, the promulgation of rules and regulations relative thereto. (b) The board is authorized and directed to select a site for the center. (c) The board shall select the administrator of the center and establish the compensation for the administrator. (d) As used in this chapter, the term 'emergency medical personnel' includes emergency medical technicians or emergency rescue specialists who are certified or seeking certification as emergency medical technicians, paramedics, tactical emergency medical officers, cardiac technicians, or other medical first responders under Chapter 11 of Title 31 and who are employed in the capacity for which they are certified or seeking certification."

SECTION 2. Said chapter is further amended by striking Code Section 35-5-5, relating to the availability of the center for use by state and local law enforcement officers, in its entirety and inserting a new Code Section 35-5-5 to read as follows:
'35-5-5, (a) Subject to such rules and regulations as shall be prescribed by the board, the facilities of the center may be made available to all state and local law enforcement officers, firefighters, emergency medical personnel, and correctional personnel and may also be made available to other persons who evidence interest in entering the fields of law enforcement, fire fighting, emergency medical services, or corrections. (b) The board is authorized to prescribe and collect such fees as are necessary to defray all or a portion of the cost of furnishing such training and the use of the facilities of the center. (c) The state and counties and municipalities of this state are authorized to expend funds for the purpose of paying the fees assessed for use of the center. The board shall have the authority to determine who shall be allowed to enroll and participate in the training programs of the center and who shall be allowed to utilize the facilities of the center.

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(d) Subject to such rules and regulations as shall be prescribed by the board, the Georgia Public Safety Training Center shall have the following powers and duties in connection with the training of peace officers, emergency medical personnel, and law enforcement support personnel:
( 1) To train instructors authorized to conduct training of peace officers, emergency medical personnel, and law enforcement support personnel; (2) To reimburse or provide for certain costs incurred in training peace officers, emergency medical personnel, and law enforcement support personnel employed or appointed by each agency, organ, or department of this state, counties, and municipalities to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms 'cost' and 'costs' shall not include travel or salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals, and lodging which are incurred in connection with such training; (3) To expend funds appropriated or otherwise available to the center for paying the costs of training provided under subsection (a) of Code Section 35-8-20, other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20; (4) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under subsection (a) of Code Section 35-8-20.1, other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20.1; (5) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under Chapter 11 of Title 31 for the initial certification training and continued training as needed by emergency medical personnel and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said chapter; and (6) To administer and coordinate the training for communications officers with respect to the requirements of Code Section 35-8-23. The board shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training consistent with the provisions of said Code Section 35-8-23. The tuition costs of the training of communications officers shall be paid from funds appropriated to the center."

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SECTION 3. Said chapter is further amended by striking Code Section 35-5-6, relating to the effect of the chapter on powers of the Board of Corrections and State Board of Pardons and Paroles, and inserting a new Code Section 35-5-6 to read as follows:
"35-5-6. Nothing in this chapter shall be considered as altering current state laws establishing the powers and authority of the Board of Corrections or the State Board of Pardons and Paroles. Furthermore, nothing in this chapter shall prevent the Department of Technical and Adult Education from providing any course of instruction including, but not limited to, instructional courses, certified training, advanced instruction, or classes for or pertaining to public safety first responders and emergency medical personnel."

SECTION 4. This Act shall become effective on July I, 2006.

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

Approved May 5, 2006.

EDUCATION; GEORGIA MEDICAL CENTER AUTHORITY; COMPREHENSIVE REVISION.
No. 941 (House Bill No. 1083).
AN ACT
To amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to provide for the comprehensive revision of said chapter; to change certain provisions regarding definitions; to change certain provisions regarding the corporate purposes and general nature of the authority; to provide for additional powers of the authority; to provide for the issuance of bonds, refunding bonds, notes, or other instruments; to provide for procedures, conditions, and limitations; to change certain provisions regarding tax exemptions; to change certain provisions regarding the status of certain moneys as trust funds; to provide for the supplemental nature of certain powers and authority granted pursuant to the provisions of said Chapter 15; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, is amended by striking paragraph (3) of Code Section 20-15-2, relating to definitions regarding the authority, and inserting in its place a new paragraph (3) to read as follows:
.20-15-2. (a) As used in this chapter, the term:
(1) 'Authority' means the Georgia Medical Center Authority. (2) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this chapter, including refunding bonds. (3) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost ofall machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; the cost of intellectual property; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds ofrevenue bonds issued under this chapter for such project. (4) 'Project' means and includes one or any combination of the following: life sciences industry research and development, manufacturing facilities, and programs based in the State of Georgia, to include office space, laboratories, treatment centers, and other related buildings, structures, equipment, as well as associated facilities such as parking facilities and common areas; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes. (b) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal of and interest on revenue bonds which may be issued for the cost of such project, projects, or combination of projects:

SECTION 2. Said chapter is further amended by striking Code Section 20-15-4, relating to purposes of the authority, and inserting in its place a new Code Section 20-15-4 to read as follows:

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"20-15-4. The corporate purpose and the general nature of the business of the authority shall be:
( 1) The provision of life sciences industry research and development and manufacturing facilities, and programs based in the State of Georgia; (2) The commercialization of biomedical and biotechnical research results; (3) The promotion of closer ties between academic institutions of the state and the biomedical industry so as to capitalize on present and future state intellectual resources; (4) The facilitation of the development of a life sciences industrial cluster in the State of Georgia; and (5) The advancement of local and state economic growth. Nothing in this chapter shall be construed to conflict with the powers and authority of the board of regents over its institutions."

SECTION 3. Said chapter is further amended by striking Code Section 20-15-5, relating to powers of the authority, and inserting in its place a new Code Section 20-15-5 to read as follows:
'20-15-5. The authority is authorized:
(1) To have a seal and alter it 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 appoint, select, and employ officers, agents, and employees, including but not limited to engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions with regard to its employees 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 and to establish conditions of employment of authority employees; (4) To make contracts and to execute all instruments necessary or convenient, including but not limited to contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be erected or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this chapter, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control

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and management of the authority. The cost of any such project shall be paid from the authority's income or from such proceeds and any loan, gift, or grant from the United States ofAmerica or any agency or instrumentality thereof, or the State of Georgia or any county, municipal corporation, authority, or local government or governing body thereof; (6) To extend credit or make loans to any person, firm, corporation, limited liability company, or other type of entity for the planning, design, construction, acquisition, refinancing, or carrying out of any project, which credit or loans shall be secured by loan agreements, deeds to secure debt, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and to require the inclusion in any contract, loan agreement, deed to secure debt, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a P!Oject as the authority may deem necessary or desirable; (7) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by deed to secure debt, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, in order to secure the repayment of any moneys loaned or credit extended by the authority; (8) To borrow money for any o fits corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of such bonds and for the rights of the holders thereof; (9) To borrow money for any ofits corporate purposes, on either an unsecured or secured basis, and to execute loan agreements, promissory notes, and other contracts and instruments in connection therewith and to provide for the repayment of such loans and for the rights of the lendersthereof; (10) As security for repayment of its revenue bonds, loans, or notes, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority, to the extent of its interest therein, and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale ofany part of the authority upon default on such bonds, loans, or notes, either in payment of principal or interest in the performance of any term or condition as are contained in such agreement or indenture. The state waives any right which it may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, to the extent of the interest of the authority therein but not any interest of the state therein, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; ( 11) To procure or to provide insurance against any loss in connection with its programs, property, and other assets;

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(12) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States ofAmerica or such agency or instrumentality may impose and to administer trusts; ( 13) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (14) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority; (15) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; ( 16) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body; (17) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority; ( 18) To do all things necessary or convenient to carry out the powers and purposes of the authority; ( 19) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority; (20) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority; (21) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia; or to contract with private developers, architects, and engineers for the construction of the project; and (22) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received."

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SECTION 4. Said chapter is further amended by adding seven new Code sections immediately following Code Section 20-15-5, to be designated Code Sections 20-15-5.1, 20-15-5.2, 20-15-5.3, 20-15-5.4, 20-15-5.5, 20-1 5-5 .6, and 2 0-15-5.7, respectively, to read as follows:
'20-15-5 .1. (a) Revenue bonds issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds. No revenue bonds shall be issued by the authority under this chapter unless its members adopt a resolution finding that the project or combination of projects for which such bonds are to be issued will be self-liquidating. (b) All revenue bonds shall be authorized by resolution of the authority, adopted by a majority vote of the full membership of the authority at a regular or special meeting. (c) Revenue bonds shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds shall bind the members of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of this state or any other laws of this state shall not apply to revenue bonds of the authority. (f) The authority shall not have outstanding at any one time bonds and notes exceeding $300 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.

20-15-5.2. (a) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. (b) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such

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exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (c) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Richmond County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact ofjudgment and shall be received as original evidence in any court in this state.

20-15-5.3. (a) Subject to the limitations and procedures provided by this Code section and by Code Section 20-15-5.2, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part the cost of any project, or for the purpose of refunding any bonds or bond anticipation notes issued in accordance with this chapter. (c) Issuance by the authority of one or more series of bonds or bond anticipation notes for one or more projects shall not preclude it from issuing other bonds in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority of any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation on which they are to be issued.

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20-15-5.4. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall request the Georgia State Financing and Investment Commission to approve the bonds and carry out other services for the authority as provided by Article 2 of Chapter 17 of Title 50.

20-15-5.5. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including combination of, projects at any one unit or any number of units. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its full membership.

20-15-5.6. Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the property provided for in Code Section 20-15-5.1; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions ofthis Code section.

20-15-5 0 7 0 The bonds authorized in this chapter are made securities in which all public officers and public bodies of this state and all municipalities and all political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and public bodies of this state and all municipalities and political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized."

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SECTION 5. Said chapter is further amended by striking Code Section 20-15-6, relating to public purposes and tax exemptions ofthe authority, and inserting in its place a new Code Section 20-15-6 to read as follows:
"20-15-6. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The State of Georgia covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. The exemption from taxation provided for in this Code section shall include exemptions from sales and use taxes on property purchased by the authority:

SECTION 6. Said chapter is further amended by striking Code Section 20-15-7, relating to the status of certain moneys as trust funds, and inserting in its place a new Code Section 20-15-7 to read as follows:
"20-15-7. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter."

SECTION 7. Said chapter is further amended by adding a new Code section at the end thereof, to be designated Code Section 20-15-16, to read as follows:.
"20-15-16. This chapter shall be deemed to provide an additional and alternative method for the doing of things authorized by this chapter, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing."

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 5, 2006.

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EDUCATION- HOPE SCHOLARSHIPS AND GRANTS; PROFESSIONAL LEVEL PROGRAMS.

No. 942 (Senate Bill No. 561).

AN ACT

To amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to correct a scrivener's error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by striking paragraphs (7) and (8) of Code Section 20-3-519, relating to definitions relating to HOPE scholarships and grants, and inserting in lieu thereof new paragraphs (7) and(8) and adding a new paragraph (9.1) to read as follows:
"(7) 'Eligible postsecondary institution' means a school which is: (A) A unit of the University System of Georgia; (B) A branch of the Georgia Department of Technical and Adult Education or an affiliated institution which is controlled by a local board of education; (C) A private independent nonprofit postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (A) of paragraph (2) of Code Section 20-3-411; or (D) A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (C) of paragraph (2) of Code Section 20-3-411.
(8) 'Eligible private postsecondary institution' means an eligible postsecondary institution which meets the criteria set out in subparagraph (C) or (D) of paragraph (7) of this Code section." '(9.1) 'First professional degree program' means a nonundergraduate degree program that meets the requirements established by the program regulations promulgated by the Georgia Student Finance Commission which, at a minimum, shall include, but not be limited to, the following:
(A) Accepts students after the completion of the sophomore or junior year; and (B) Results in the award of a nonundergraduate degree."

SECTION 2. Said part is further amended by striking Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary

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institution, and inserting in lieu thereof a new Code Section 20-3-519.2 to read as follows:
"20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements ofhis or her program ofstudy in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end ofthe quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: ( 1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations

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promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution:
(i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 3 0 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a part-time student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: ( 1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (I) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based

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upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(l)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalifY for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(l) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or

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(B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (h)(l) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13."

SECTION 3. Said part is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, and inserting in lieu thereof a new Code Section 20-3-519.3 to read as follows:
"20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements ofhis or her program ofstudy in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section;

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(ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end ofthe quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution s drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a half-time student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day ofthe institution" s drop and add period.

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(c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall:
(I) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 13 5 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day ofthe institution's drop and add period.

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(e)(l)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 13 5 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one ofthe 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)( 1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate or first professional degree program designed to be more than 190 quarter hours or 12 7 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g)(1) Except as provided for in paragraph (2), subject to the amoun.ts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year.

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(2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-2 7-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year."

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

Approved May 5, 2006.

PROFESSIONS- SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY; LICENSURE.
No. 943 (House Bill No. 1112).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 44, relating to licensing of speech-language pathologists and audiologists, and inserting in lieu thereof the following:
"CHAPTER 44 43-44-1. This chapter shall be known and may be cited as the 'Georgia State Speech-Language Pathology and Audiology Licensing Act.'
43-44-2. It is declared to be a policy of this state that in order to safeguard the public health, safety, and welfare and to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, it is necessary to provide

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regulatory authority over persons offering speech-language pathology and audiology services to the public.

43-44-3. As used in this chapter, the term:
(1) 'Accredited program' means a program leading to the award of a degree in speech-language pathology or audiology that is accredited by an organization recognized for that purpose by the United States Department of Education or its successor and adopted by rule or regulation of the board. (2) 'Audiogram' means a graphic or tabular summary of the measurements of hearing, showing a person's hearing threshold levels for pure tones. (3) 'Audiologist' means a person who has a degree in audiology, who is licensed to practice audiology, or both and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist, or any variation or synonym which expresses, employs, or implies these terms or functions. (4) 'Audiology assistant' means any person who assists in the providing of those audiology services authorized by the board, who meets the minimum requirements established by the State Board of Examiners for Speech-Language Pathology and Audiology, and who works under the supervision of a licensed audiologist. (5) 'Board' means the State Board of Examiners for Speech-Language Pathology and Audiology. (6) 'Dispensing hearing aids' means providing hearing aids to a consumer by sale, rental, lease, or otherwise, and includes without being limited to conducting testing and other procedures to determine suitability for use of a hearing aid, to determine hearing aid characteristics which properly compensate the hearing condition, to select suitable hearing aids, to fit hearing aids to the subject, and to counsel and instruct in the use thereof. (7) 'Hearing aid' means any wearable electronic instrument or device, including an assistive hearing device, designed for or represented or offered for the purpose of compensating for defective human hearing, including parts, attachments, ear molds, and accessories, except batteries. (8) 'License' means any license issued by the board to practice speech-language pathology or audiology. (9) 'Licensee' means any person licensed to practice speech-language pathology, audiology, or both pursuant to this chapter, but does not include the holder of a provisional license. (10) 'Person' means a natural person. (11) 'Preceptor' means any person who is licensed and has the responsibility of supervising or overseeing the training or activities of assistants, students, externs, provisional license holders, and others providing speech-language pathology or audiology services without full licenses. (12) 'Provisional license' means any temporary license issued by the board pursuant to standards and procedures determined by the board. Except for a

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provisional license granted pursuant to paragraph (8) of subsection (a) of Code Section 43-44-6, a provisional license shall not be granted for a total period of time to exceed one year. (13) 'Speech-language pathologist' means a person who practices speech-language pathology and who presents himself or herself to the public by any title or description of services incorporating the words speech-language pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, logopedist, communicologist, voice therapist, voice pathologist, or any similar title or description of service. (14) 'Speech-language pathology aide' means any person who aids in the providing of those speech-language pathology services authorized by the board, who meets the minimum requirements established by the State Board ofExaminers for Speech-Language Pathology and Audiology, and who works directly under the supervision of a licensed speech-language pathologist. (15) 'The practice of audiology' means the application of principles, methods, and procedures of identification of hearing loss, measurement, testing, evaluation, case management, prediction, prevention, consultation, counseling, instruction, and research related to hearing, hearing disorders, and auditory and vestibular function and dysfunction; intervention as related to such principles, methods, and procedures; interpretation of the results of such principles, methods, and procedures; the evaluation, recommendations, fitting, and dispensing of hearing aids, frequency modulation technologies, and other assistive devices designed to ameliorate the effects of a hearing disorder; the programming of cochlear implants and other implantable devices; and the planning, directing, conducting, and participating in hearing conservation programs and programs of habilitation, rehabilitation, and intervention for disorders ofhearing, auditory function and processing, and vestibular function, including but not limited to auditory training, speechreading, and vestibular rehabilitation, which vestibular function and rehabilitation the audiologist is qualified to perform by virtue of education, training, and experience. (16) 'The practice of speech-language pathology' means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, intervention, research, habilitation, or rehabilitation related to the development and disorders of speech or language including but not limited to voice, resonance, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, modifying, or otherwise treating such disorders and conditions in individuals or groups of individuals.

43-44-4. (a) The State Board of Examiners for Speech Pathology and Audiology existing on June 30, 1987, is abolished and there is created beginning July 1, 1987, and continuing thereafter the State Board of Examiners for Speech-Language Pathology and Audiology which shall succeed to all of that abolished boards powers, duties, and responsibilities which are not inconsistent with this chapter

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and which new board shall be composed ofthose members ofthe abolished board serving as such on June 30, 1987, which members shall serve out their respective terms of office and until their respective successors are appointed and qualified pursuant to this Code section. The board created by this Code section shall administer this chapter. The board shall consist of eight members who shall be appointed by the Governor and shall be confirmed by the Senate. Three of the members shall be licensed speech-language pathologists and three shall be licensed audiologists, all ofwhom shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for a period .of at least three years immediately preceding their appointments. One member shall be a board certified otolaryngologist of this state. One member shall be a lay person representing the public. All members shall be residents of this state and shall have been residents of this state for at least one year prior to their appointments. (b) Appointments by the Governor may be made from lists of names submitted by the Georgia Speech-Language-Hearing Association, Georgia Organization for School-Based Speech-Language Pathologists, Georgia Academy of Audiology, and the Georgia Society of Otolaryngology Head and Neck Surgery or other interested persons. Board members shall be appointed for a period of three years and until their respective successors are appointed and qualified. No member of the board may serve more than two consecutive full terms. (c) Members of the board shall serve until the expiration of the terms for which they have been appointed and until their respective successors are appointed and qualified. When a vacancy upon the board occurs, the Governor shall appoint, pursuant to this Code section, a successor to fill the unexpired term. (d) The Governor may remove any member of the board for dishonorable conduct, incompetency, or neglect of duty. (e) No member of the board shall be liable to civil action for any act performed in good faith in performance of the member's duties as prescribed by law.

43-44-5. The board shall hold a regular annual meeting at which it shall elect from its membership a chairperson and vice chairperson. In addition to its annual meeting, the board shall hold such other meetings as are necessary for the performance of its duties under this chapter. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

43-44-6. (a) The board shall:
( 1) Have the responsibility and duty of administering and enforcing this chapter and shall assist the division director in carrying out this chapter; (2) Have the power to establish and to revise the requirements for obtaining licensure or the renewal oflicensure; (3) Make all rules, not inconsistent with this chapter, that are reasonably necessary for the conduct of its duties and proceedings;

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(4) Adopt rules and regulations relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, regulations which establish ethical standards ofpractice and for other purposes. Following their adoption, such rules and regulations consistent with this chapter shall govern and control the professional conduct of every person who holds a license to practice under this chapter; (5) Conduct hearings and keep records and minutes as are necessary to the orderly dispatch of its functions; (6) Adopt a common seal; (7) Register and otherwise regulate qualified speech-language pathology aides and audiology assistants. The provisions of this paragraph shall not apply to any student, intern, or trainee performing speech-language pathology or audiology services while completing the supervised clinical experience; (8) Issue provisional licenses to speech-language pathologists during the paid clinical experience; (9) Issue, renew, and reinstate licenses; (10) Deny, suspend, revoke, or otherwise sanction licenses; ( 11) Accept results of qualifying examinations, administer examinations, or contract with qualified testing services to conduct or supervise examinations; (12) Establish fees; and ( 13) Establish requirements for continuing professional education of persons subject to this chapter by appropriate regulation. (b) The division director shall be guided by the recommendations of the board in all matters relating to this chapter.

43-44-7. (a) No person shall practice or hold himself or herself out as being able to practice speech-language pathology or audiology in this state unless that person is licensed in accordance with this chapter. Nothing in this chapter, however, shall be construed so as to prevent a person licensed under any other law of this state from operating within the scope of that person's license.
(b)(1) Licensure is not required of a speech-language pathologist certified by the Department of Education or Professional Standards Commission or successor agency while that person is working as an employee of a public educational institution, serving any grade or grades from pre-kindergarten through grade 12, provided that no fees are charged for the services either directly or through a third party, except for Medicaid. (2) Registration as a speech-language pathology aide is not required of a public education communication aide while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party. (c) Nothing in this chapter shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services which are directly related to meeting the qualifications for licensure as stipulated by this chapter.

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(d) Licensees shall conspicuously post their speech-language pathology or audiology license at all times in their principal office or place of business. (e) Nothing in this chapter shall be construed to entitle any person licensed under this chapter to engage in the practice of selling and dispensing hearing aids unless such person is licensed as an audiologist under this chapter. (f) Nothing in this chapter shall be construed to limit in any way the rights of hearing aid dealers or dispensers licensed under the laws of this state. (g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his or her license or the performing of hearing testing by persons acting under thesupervision of a licensed physician, provided that the physician shall be on the premises while such acts are being performed. (h) A person who is not licensed as an audiologist may perform nondiagnostic electro-physiologic screening ofthe auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial identification ofcommunication disorders in infants under the age of three months, provided that:
(1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter; (2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist; (3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as 'pass or fail' or 'pass or refer'; (4) An audiologist licensed under this chapter is responsible for the training of the person not licensed as an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and (5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of patient demographic information; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation.
(i)(l) Any person in this state or physically located in another state or foreign country who, using telecommunications and information technologies through which speech-language pathology information and auditory-vestibular system information or data is transmitted, performs an act that is part of a patient care service located in this state, including but not limited to any measures of speech-language pathology or auditory-vestibular system function or hearing instrument selection, fitting, or dispensing that

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would affect the diagnosis or treatment of the patient is engaged in the practice of speech-language pathology or audiology in this state. Any person who performs such acts through such means shall be required to have a license to practice speech-language pathology or audiology in this state and shall be subject to regulation by the board. No such out-of-state or foreign practitioner shall have ultimate authority over the speech-language or auditory-vestibular system health care of a patient who is located in this state. Any such practitioner in this state, another state, or a foreign country shall abide by the rules of the board. (2) This subsection shall not apply to: (A) The acts of a speech-language pathologist or an audiologist located in another state or foreign country who provides consultation services at the request of a speech-language pathologist or an audiologist licensed in this state; (B) The acts of a speech-language pathologist or an audiologist licensed in another state or foreign country who:
(i) Provides consultation services without compensation, remuneration, or other expectation thereof and without altering, adjusting, or manipulating hearing aid device controls; or (ii) Provides consultation services to a graduate school located in this state and approved by the board; or (C) The acts of a speech-language pathologist or an audiologist located in another state or foreign country when invited as a guest of any graduate school or institution of higher learning approved by the board, state, or national accrediting body or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations. (3) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state. (4) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such speech-language pathologist or audiologist may be located and regardless of where or how the records of any patient located in this state are maintained.

43-44-8. (a) To be eligible for licensure by the board as a speech-language pathologist or as an audiologist, the applicant shall have:
(1) Completed the academic and clinical requirements as established by rule of the board; (2) Completed the professional experience requirement. Every applicant for licensure as a speech-language pathologist or audiologist shall demonstrate, prior to licensure, full-time or equivalent part-time professional employment,

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as determined by the board. The board, by rule, shall establish standards for obtaining and verifying the required professional employment experience; (3) Passed an examination or examinations approved by the board. Each applicant for licensure as a speech-language pathologist or audiologist shall make application for examination as provided by the board; (4) Demonstrated good moral character; and (5) Demonstrated recency ofstudy through experience, continuing education, or both, as approved by the board. (b) To be eligible for licensure by the board as a speech-language pathologist, the applicant shall possess a master's or higher degree with a major emphasis in speech-language pathology from an accredited program, which incorporates the academic course work and the minimum hours of supervised graduate training required by the rules and regulations of the board. (c) To be eligible for licensure by the board as an audiologist: (1) Effective January 1, 2007, the applicant shall have earned a doctoral degree in audiology or completed the academic requirement of a doctoral degree program with a major emphasis in audiology from an institution of higher learning that is, or at the time the applicant was enrolled and graduated was, accredited by an accrediting agency recognized by the United States Department of Education or its successor organization; or (2) The applicant shall have earned a master's degree with a major emphasis in audiology which was conferred before January 1, 2007, from an institution of higher learning which was, at the time the applicant was enrolled and graduated, accredited by an accrediting agency recognized by the United States Department of Education or its successor organization. (d) Any speech-language pathology or audiology applicant who graduated from or is currently enrolled in a program at a university or college outside the United States or Canada shall: ( 1) Present documentation of the determination of equivalency to standards established by the United States Department of Education or its successor organization in order to qualify; and (2) Have completed the academic and clinical requirements established by rule of the board. The board may waive the education, practicum, and professional employment experience requirements for an applicant who received a professional education in another country if the board is satisfied that the applicant meets equivalent education and practicum requirements, passes the approved examination in the area of the license sought, and meets other requirements established by rule of the board. (e) Notwithstanding any other provision of this chapter, any person who has been issued a license by the State Board of Examiners for Speech Pathology and Audiology to practice as a speech pathologist or an audiologist and whose license was valid on June 30, 2006, shall not be required to comply with the provisions of subsections (a), (b), (c), and (d) of this Code section. Such person shall continue to be licensed in that person's respective field and shall have his or her

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license renewed if he or she complies with the other provisions of this chapter, including but not limited to any continuing education requirement established by the board for license renewal. (f) The board, by rule, shall establish requirements for the renewal of a license. A license may not exceed the time allowed by rule of the board.

43-44-9. (a) The board may, in its discretion, upon payment of fees, grant a license without examination to applicants who present proof of current licensure in a state or country whose requirements for licensure are substantially equivalent to those of this chapter. (b) The board may, in its discretion, upon payment of fees, grant a license without examination to those who hold the Certificate of Clinical Competence of the American Speech-Language and Hearing Association in the area for which they are applying for licensure, or to those who hold certification of the American Board of Audiology, provided the applicant otherwise meets the eligibility requirements as defined in Code Section 43-44-8.

43-44-10. An applicant who meets the requirements for licensure as provided by this chapter and has paid the requisite fee or fees shall be licensed by the board as a speech-language pathologist, audiologist, or both.

43-44-11. (a) The board shall issue a certificate to each person whom it licenses as a speech-language pathologist, audiologist, or both. Licensure shall be granted independently in either speech-language pathology or audiology. Qualified applicants may be independently licensed in both areas. (b) The board may establish, through rules and regulations, a mechanism to provide for provisional and inactive status licenses to applicants. (c) The board may, in its discretion, upon payment of fees, grant a provisional license to an applicant who has satisfied the requirements of paragraph (1) of subsection (b) or paragraph (1) or (2) ofsubsection(c) of Code Section 43-44-8 and who is engaged in a paid clinical experience. Such provisional license shall be valid for one year and subject to renewal for only one additional year. A person holding a provisional license shall be subject to the same disciplinary action as a person holding a full license. (d) All licenses shall be renewed biennially. Expiration, renewal, and penalty dates and provisions shall be as established by the board in accordance with Code Section 43-1-4.

43-44-12. Licensees may advertise their services, but such advertising shall be subject to regulation by the board.

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43-44-13. The investigatory authority and disciplinary authority of the board shall be as provided in Code Section 43-1-19.

43-44-14. Chapter 13 ofTitle 50, the 'Georgia Administrative Procedure Act,' applies to and governs all administrative action taken by the board.

43-44-15. Nothing contained in any other law shall prevent a person who is qualified under this chapter from engaging in the practice for which he or she is licensed under this chapter.

43-44-16. Any person who practices speech-language pathology or audiology or who offers or pretends to practice or holds himself or herself out as eligible to practice speech-language pathology or audiology and who is not legally registered or licensed under this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that such person practices in violation of this chapter shall constitute a separate offense.

43-44-17. Nothing contained in this chapter shall limit or affect the activities of any employer or any person acting on behalf of any employer under the provisions of the Occupational Safety and Health Act of 1970 or any standard promulgated pursuant to said act, including, without limitation, the performance of hearing tests by a technician as part of a workplace hearing conservation program, provided that the technician who performs audiometric tests shall be responsible to a licensed audiologist or physician."

SECTION 2. This Act shall become effective on January 1, 2007.

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

Approved May 5, 2006.

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COMMERCE - LOCAL GOVERNMENT - ABANDONED CEMETERIES AND BURIAL GROUNDS; PRENEED DEALERS; ESCROW ACCOUNTS; LICENSES; FEES.

No. 944 (House Bill No. 910).

AN ACT

To amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, Code Section 36-72-2 of the Official Code of Georgia Annotated, relating to definitions relating to abandoned cemeteries and burial grounds, and Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for definitions; to provide for certain requirements for preneed dealers relating to escrow accounts; to provide for powers under Chapter 14 of Title 10; to provide for certain license requirements prior to selling burial rights or merchandise; to provide for certain fees; to regulate the profession of cemeterians; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by striking paragraphs (2), (3), and (27) of Code Section 10-14-3, relating to definitions, and inserting in their place new paragraphs (2), (3) and (27) to read as follows:
"(2) 'Board' means the State Board ofCemeterians as described and authorized in Chapter 8B of Title 43. (3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains, including without limitation a mausoleum, cremation urn, cremation bench, cremation marker, or cremorial." "(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, polypropolene, sectional concrete enclosures, and crypts."

SECTION 2. Said chapter is further amended in said Code Section 10-14-3, relating to definitions, by inserting a new paragraph to be designated paragraph (32.1) to read as follows:
"(32.1) 'Principal' means a sum set aside or escrowed exclusive of income or interest or other return thereon."

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SECTION 2A. Said chapter is further amended by inserting following Code Section 10-14-3 a new Code section to read as follows:
10-14-3 .I. The board shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State shall delegate to the board all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters.

SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (d) of Code Section 10-14-7, relating to preneed escrow accounts, and inserting a new paragraph (1) and a new subsection to be designated subsection (e.1) to read as follows:
'(d)(1) Funds shall be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds: '(e.l) In the case of release of escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (I) of subsection (d) of this Code section, a sum not less than the lesser of 10 percent of the escrowed amount or one-half of the interest earned upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as administrative costs:

SECTION 4. Said chapter is further amended by striking Code Section 10-14-10, relating to minimum acreage for cemeteries and exceptions, and inserting in lieu thereof the following:
'10-14-10. (a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land.

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(b) The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section:
( 1) All cemeteries registered according to this chapter prior to August 1, 1986; or (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 1998, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres ofland dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census. (c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria."

SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 10-14-14, relating to administration of chapter and rules and regulations, and inserting in its place a new subsection (a) to read as follows:
'(a) The administration of the provisions of this chapter shall be vested in the Secretary of State.'

SECTION 6. Said chapter is further amended by adding a new subsection (j) and by striking paragraph (7) of subsection (a), paragraph (2) of subsection (c), paragraph (2) of subsection (d), and subsection (h) of Code Section 10-14-17, relating to enumeration of prohibited acts, and inserting in their respective places the following:
"(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; (7 .1) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of burial rights or burial merchandise if such person is not registered pursuant to the provisions ofthis chapter; or" "(2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $125.00 to reimburse the cemetery owner for its reasonable costs incurred in assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;' '(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $75.00 and such fee must have been disclosed in writing to the owner at the time ofthe initial purchase ofthe burial right from the cemetery;'

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'(h) The contract rights of any purchaser ofpreneed merchandise shall be freely transferable without fee except as provided in this chapter.' "U) The fees set forth in this Code section shall be annually adjusted to the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustments to the amount of said fees by rule."

SECTION 7. Code Section 36-72-2 of the Official Code of Georgia Annotated, relating to definitions relative to abandoned cemeteries and burial grounds, is amended by striking in its entirety paragraph (5) and inserting in lieu thereof the following:
"(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof."

SECTION 8. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to be designated Chapter 8B to read as follows:

"CHAPTER 8B

43-SB-1. This chapter shall be known and may be cited as the 'Georgia Cemeterians Board Act.'

43-8B-2. As used in this chapter, the term:
(1) 'Board' means the State Board of Cemeterians established by this chapter. (2) 'Cemeterian' means a person registered as a cemetery owner pursuant to Chapter 14 of Title 10 or a cemetery manager. (3) 'Cemetery' means a cemetery as defined in Chapter 14 of Title 10.

43-8B-3. The practice of the profession of a cemeterian, as defined in this chapter, is declared to be a business or profession affecting the public interest and involving the health and safety ofthe public.

43-8B-4. There shall be established in the Office of the Secretary of State the State Board of Cemeterians to be constituted as provided in this chapter with the powers, duties, and authority vested in such board by this chapter.

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43-SB-5. (a) The board shall consist of six members who shall be practicing cemeterians with a minimum of five years of registration as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the cemetery profession but who shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the mem her whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude.

43-SB-6. (a) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected. (b) The board shall meet at least yearly and more often as the proper and efficient discharge of its duties may require. (c) Each member ofthe board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) No inspector shall own, operate, or be employed by any cemetery or perform any services on behalf thereof.

43-SB-7. For the purpose of better protection of life and health the board is authorized:
(I) To fix and prescribe minimum standards of general appearance of cemeteries; (2) To undertake such other duties and to exercise such other powers as may from time to time be prescribed by law; (3) To adopt a common seal; and (4) To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and pursuant to the provisions of Chapter 14 ofTitle 10. All rules and regulations of the Secretary of State promulgated pursuant to the authority of Chapter 14 of Title 10 and existing immediately prior to July I, 2006, which are not inconsistent with this chapter shall continue in effect until repealed, amended, or otherwise changed by the board.'

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

Approved May 5, 2006.

MOTOR VEHICLES- SPECIAL LICENSE PLATE; BRAIN-RELATED DISORDERS AND DISABILITIES PROGRAMS.
No. 946 (Senate Bill No. 619).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows:
"40-2-86.18. (a) The commissioner, in cooperation with supporters ofthis license plate, shall design a special license plate to be issued supporting programs for persons with brain-related disorders and disabilities projects in Georgia. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. It shall not be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (b) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent

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editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter oflaw, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (c) Beginning on July 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued a license plate supporting programs for persons with brain-related disorders and disabilities in Georgia. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) An applicant may request a license plate supporting programs for persons with brain-related disorders and disabilities in Georgia any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate decals attached. (e) The manufacturing fee derived from the sale of license plates supporting programs for persons with brain-related disorders and disabilities in Georgia shall be apportioned as follows: $2.00 to the department, $13.00 to be deposited into the general fund, and $10.00 to Pilot International, for support of programs for persons with brain-related disorders and disabilities in Georgia. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2007, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate ifthe number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. Ifthe special license plate falls below 500 active registrations at any time during the period provided in subsection (b) of

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Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (h) License plates supporting programs for persons with brain-related disorders and disabilities in Georgia shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (i) License plates supporting programs for persons with brain-related disorders and disabilities in Georgia shall be issued within 30 days of application."

SECTION 2. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the donation of revenue from sales of special license plates to organizations specified by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act.

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

Approved May 5, 2006.

MOTOR VEHICLES- COMMEMORATIVE LICENSE PLATES.
No. 947 (House Bill No. 1053).
AN ACT
To amend Chapter 2 of Title 40 ofthe Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms; to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to repeal and reserve certain provisions regarding special license plates; to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, dedication ofrevenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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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 Code Section 40-2-32.1, relating to commemorative license plates for Georgia organizations, promotional agreements, and fees, and inserting in lieu thereof the following:
"40-2-32.1. (a) In the event the General Assembly enacts any law approving the sale of commemorative license plates recognizing Georgia organizations or institutions, including educational institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates. (b) Beginning in calendar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates. (c) All funds derived from the sale of license plates pursuant to this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be remitted to the state as provided by Code Section 40-2-34."

SECTION 2. Said chapter is further amended in Code Section 40-2-34, relating to reports and remittances by tag agents, by adding a new subsection to read as follows:
"(f) All funds derived from motor vehicle registrations or the sale of any license plates and remitted to the state shall be deposited in the general fund of the state treasury unless otherwise specifically authorized by the Constitution and provided for in this chapter."

SECTION 3. Said chapter is further amended by repealing and reserving Code Section 40-2-48, relating to special license plates promoting the United States Disabled Athletes Fund.

SECTION 4. Said chapter is further amended by repealing and reserving Code Section 40-2-49, relating to special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources.

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SECTION 5. Said chapter is further amended by repealing and reserving Code Section 40-2-49.1, relating to special license plates promoting the Bobwhite Quail Restoration Initiative.

SECTION 6. Said chapter is further amended by repealing and reserving Code Section 40-2-86.3, relating to special license plates commemorating Civil War battlefields and historic sites.

SECTION 7. Said chapter is further amended by repealing and reserving Code Section 40-2-86.6, relating to special license plates promoting conservation and enhancement of trout populations.

SECTION 8. Said chapter is further amended by repealing and reserving Code Section 40-2-86.13, relating to special license plates promoting historic preservation efforts.

SECTION 9. Said chapter is further amended by repealing and reserving Code Section 40-2-86.15, relating to special license plates promoting NASCAR or promoting bicycle safety.

SECTION 10. Said chapter is further amended by repealing and reserving Code Section 40-2-86.16, relating to special license plates honoring families with a member serving in the military.

SECTION 11. Said chapter is further amended by repealing and reserving Code Section 40-2-86.17, relating to "Support Georgia Troops" special license plates.

SECTION 12. Said chapter is further amended by adding a new Code section to read as follows:
'40-2-86.18. (a)(l) As used in this Code section, the term: (A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special tag renewal fee' means a $25.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 50l(c)(3) of Title 26 of the Internal Revenue Code and

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dedicating a portion of the funds raised from the sale ofthese special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (n) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsection (m) of this Code section shall continue to be issued as long as they continue to meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifYing number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of the manufacturing fee and the special tag renewal fee in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (n) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (n) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the

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sponsoring agency, fund, or nonprofit corporation as permitted by Article Ill, Section IX, Paragraph VI(n) of the Constitution. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation ofits nonprofit status under Section 501 (c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate ifissued under subsection (m) ofthis Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee but without payment of the special tag renewal fee. However, special license plates issued under subsection (n) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag renewal fee. (h) No special license plate authorized pursuant to subsection (n) of this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2007, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (i) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of the special tag renewal fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) ofCode Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be

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required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. U) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (I) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes ofthis Code section.
(m)(l) The General Assembly has determined that the existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing or special tag renewal fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed to the United States Disabled Athletes Fund. (3) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) ofCode Section 12-3-602. Such license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (4) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952. (5) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (6) A special license plate promoting historic preservation efforts. The fu.nds raised by the sale of this special license plate shall be disbursed to the Department ofNatural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (7) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed to the Governor's Highway

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Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (8) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed to the Department ofVeterans Service for use by theNational Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (9) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (10) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75 shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. ( 11) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives ofthe Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (n)(l) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. (2) A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale

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of this special license plate shall be disbursed to the Georgia Center for the Book. (3) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale ofthis special license plate shall be disbursed to Children's Healthcare of Atlanta. (4) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale ofthis special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth ofthe Medical College of Georgia. (9) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids' Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community

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Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (II) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. ( 12) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs ofthe states older population. ( 15) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. (16) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to Georgia Support Our Troops, Inc. ( 19) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. (20) .<\. special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on

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amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23) A special license plate for the Atlanta Falcons Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (24) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support ofbeautification projects in Georgia. (25) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. (26) A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27) A special license plate supporting programs for persons with brain-related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related disorders in Georgia. (28) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia. (29) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines. (30) A special license plate promoting African American history and tourism in Georgia. The funds raised by the sale of this special license plate shall be disbursed to organizations dedicated to the preservation of African American history in Georgia.

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(31) A special license plate honoring veterans who have been awarded the Bronze Star. The funds raised by the sale of this special license plate shall be disbursed to the National Guard Family Foundation.'

SECTION 13. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act.

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

Approved May 5, 2006.

REVENUE; HOMESTEAD EXEMPTIONS; SURVIVING SPOUSE OF PEACE OFFICER OR FIREFIGHTER; FREEZE XEMPTIONS; BASE YEAR.
No. 948 (House Bill No. 81).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to change certain provisions regarding ad valorem tax exemptions; to change certain definitions; to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for applicability of provisions relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor with respect to certain base year assessed value homestead exemptions; to provide for referenda; to provide for effective dates; to provide for applicability; 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:

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PART I SECTION 1.

Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-40, relating to definitions regarding property tax exemptions, by striking paragraph (I) and inserting in its place a new paragraph (I) to read as follows:
'(1) 'Applicant' means a person who is: (A)(i) A married individual living with his or her spouse; (ii) An individual who is unmarried but who permanently maintains a home for the benefit of one or more other individuals who are related to such individual or dependent wholly or partially upon such individual for support; (iii) An individual who is widowed having one or more children and maintaining a home occupied by himself and the child or children; (iv) A divorced individual living in a bona fide state of separation and having legal custody of one or more children, when the divorced individual owns and maintains a home for the child or children; or (v) An individual who is unmarried or is widowed and who permanently maintains a home owned and occupied by himself or herself; and
(B) Who is a resident of this state as defined in paragraph (15) of Code Section 40-5-1, as amended.'

PART II SECTION 2.

Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48 .3 to read as follows:
'48-5-48.3. (a) As used in this Code section, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes and all county, county school district, municipal, and independent school district taxes for county, county school district, municipal, or independent school district purposes including, but not limited to, taxes to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40. (b) Each resident of the state who is the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty is granted an exemption on that person's homestead from all ad valorem taxes for the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or person's agent files an affidavit with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to

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such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption from ad valorem taxes. (f) The exemption granted by this Code section shall apply to all taxable years beginning on or after January 1, 2007:

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 2 of this part 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 cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which provides a homestead exemption for the full value of the homestead with respect to all ad valorem
NO ( ) taxes for the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty?"
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 2 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 2 of this part is not so approved or if the election is not conducted as provided in this section, Section 2 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date.

PART III SECTION 4.

Said part is further amended in Code Section 48-5-54, relating to applications for and granting homestead exemptions in certain cases of property transfer from an

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administrator or executor, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrator's or executor's deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. In the case of a base year assessed value homestead exemption, as long as the surviving spouse otherwise meets the requirements specified for such exemption and makes proper application under this subsection, upon approval of such application the exemption shall be continued with the same base year assessed value as had been established for the deceased spouse of such surviving spouse, unless otherwise provided by local law:

SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting Section 4 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 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 provides that, with respect to base year assessed value homestead exemptions, the surviving spouse of
NO ( ) a deceased spouse who has been granted such a homestead exemption shall receive that exemption at the same base year valuation that applied to the deceased spouse so long as that surviving spouse continues to occupy the home as a residence and homestead?"
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 4 of this part shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 4 of this part is not so approved or if the election is not conducted as provided in this section, Section 4 ofthis part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PART IV SECTION 6.

Except as otherwise provided in Section 3 of Part II of this Act and Section 5 of Part III of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 8, 2006.

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

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CONDEMNATION; EMINENT DOMAIN; REDEVELOPMENT; LIMITATIONS.

No. 445 (House Resolution No. 1306).

A RESOLUTION

Proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article IX, Section II ofthe Constitution is amended by striking subparagraphs (a) and (b) of Paragraph VII and inserting in lieu thereof the following:
'(a) Each condemnation of privately held property for redevelopment purposes must be approved by vote of the elected governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. The power of eminent domain shall not be used for redevelopment purposes by any entity, except for public use, as defined by general law.
(b) The General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority ofthe qualified voters voting thereon in the county or municipality directly affected by that local law:

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PROPOSED CONSTITUTIONAL AMENDMENTS

SECTION 2. Said Article IX, Section II of the Constitution is further amended by striking Paragraph V and inserting in lieu thereof the following:
"Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose subject to any limitations on the exercise of such power as may be provided by general law. Notwithstanding the provisions of any local amendment to the Constitution continued in effect pursuant to Article XI, Section I, Paragraph IV or any existing general law, each exercise of eminent domain by a nonelected housing or development authority shall be first approved by the elected governing authority of the county or municipality within which the property is located."

SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution of Georgia be amended so as to prohibit the use of eminent domain by certain nonelected authorities and to
NO ( ) prohibit the contested use of eminent domain except for public use as defined by general law?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved April4, 2006.

SPECIAL MOTOR VEHICLE LICENSE PLATES; DEDICATE REVENUE.
No. 917 (House Resolution No. 1564).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution, relating to appropriations for specific sums, is amended by adding a new subparagraph to read as follows:
'(n) The General Assembly may provide by law for the issuance and renewal of special motor vehicle license plates that motor vehicle owners may optionally purchase and renew for additional fees. The General Assembly may provide for all or a portion of the net revenue, as defined by the General Assembly, derived from the additional fees charged for any such special license plate to be dedicated to an agency, fund, or nonprofit corporation to implement or support programs related to the nature of the special license plate, as intended by the authorizing statute. Any dedication of funds enacted pursuant to the authority of this subparagraph may be in whole or in part for the ultimate use of a nonprofit corporation, without limitation by Article III, Section VI, Paragraph VI, if the General Assembly determines that the license plate program and such appropriation will benefit both the state and the nonprofit corporation. Any law enacted pursuant to the authority of this subparagraph may provide that funds dedicated pursuant to such law shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c). Any law enacted pursuant to the authority of this subparagraph shall be required to receive a two thirds' majority vote in both the Senate and the House of Representatives.'
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide for special motor vehicle license plates
( ) NO and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." Ifsuch amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 5, 2006.

CONTINUED IN VOLUME ONE, BOOK TWO APPENDIX