Acts and resolutions of the General Assembly of the State of Georgia 2008, volume 1, book 1

COMPILER'S NOTE
General and Local Acts and Resolutions of the 2007 Regular Session of the General Assembly of Georgia the vetoes of which were overridden at the 2008 Regular Session of the Genera Assembly of Georgia will be found in Volume I, Book I beginning on page VOl.
General Acts and Resolutions of the 2008 Regular Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page 1. The Supplementary Appropriations Act for FY 07-08 and the Appropriations Act for FY 08-09 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 I, 2007 and April 30, 2008 are printed in Volume Two beginning at pages 44 71 and 4507, respectively.
There are no numbered pages between page 1213, the last page ofVolume 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 ofthe Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2008
TABLE OF CONTENTS
VOLUME ONE
Veto Overrides of Acts and Resolutions .................................. VOl Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY ........................... Appendix General Appropriations Act for FY ................................ Appendix
VOLUME TWO
Acts and Resolutions of Local Application............................... 3501 County and Consolidated Government Home Rule Actions.................. 4471 Municipal Home Rule Actions........................................ 4507
VOLUME THREE
Acts by Numbers-Page References....................................... lA Bills and Resolutions-Act Number References.............................. SA Index-Tabular. ...................................................... llA Index-General. ..................................................... 46A Population of Georgia Counties-Alphabetically........................... 120A Population of Georgia Counties-Numerically............................. 124A Population of Municipalities-Alphabetically.............................. 129A Population of Municipalities-Numerically................................ 13 7A Population of Judicial Circuits......................................... 145A Georgia Senate Districts, Alphabetically by County........................ 150A Georgia Senators, Numerically by District. .............................. 152A Georgia House Districts, Alphabetically by County........................ 156A Georgia Representatives, Numerically by District. ......................... 15 8A Status of Referendum Elections........................................ 168A House Veto Override................................................ 386A Vetoes by the Governor. ............................................. 387A Signing Statements by the Governor. ................................... 393A State Auditor's Report on Funding of Retirement Bills...................... 407A Legislative Services Committee and Staff................................ 409A

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2008
VETO OVERRIDE
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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COURTS- CRIMINAL PROCEDURE- EDUCATIONGENERAL ASSEMBLY- LAW ENFORCEMENTPUBLIC OFFICERS- STATE GOVERNMENTABOLISH LEGISLATIVE BUDGET OFFICE; PROVIDE FOR SENATE BUDGET OFFICE AND HOUSE BUDGET OFFICE; REPEAL BROC.
Veto Override No. I (Veto Act No. 25, House Bill No. 529).
AN ACT
To amend numerous provisions of the Official Code of Georgia Annotated so as to reflect changes in the organization of the General Assembly with respect to budgetary functions; in particular, to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure; Title 20 of the Official Code of Georgia Annotated, relating to education; Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly; Title 35 of the Official Code of Georgia Annotated, relating to law enforcement; Title 45 ofthe Official Code of Georgia Annotated, relating to public officers; and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to pr-ovide for and reflect the abolition of the Legislative Budget Office; to provide for the Senate Budget Office and the House Budget Office and the powers, duties, and responsibilities of those offices; to repeal provisions regarding the Budgetary Responsibility and Oversight Committee; 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:
PART I SECTION 1-1.
Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by revising Code Section 45-12-82, relating to filing of periodic work programs, as follows:
'45-12-82. The Governor, through the Office of Planning and Budget, shall require each budget unit, other than those of the legislative branch and the judicial branch, to file periodic work programs with the Office of Planning and Budget at such time as the Office of Planning and Budget shall direct. As provided in Code Section 45- I 2-83, no allotment of funds shall be approved for any budget unit until such budget unit has filed a periodic work program with the Office of Planning and Budget and the periodic work program has been approved

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by the Governor. The work program shall be presented on forms prescribed by the Office of Planning and Budget and shall contain such information as the Governor, through the Office of Planning and Budget, may require. The work program shall include the amount of the portion of the appropriation required for the period's expenditures based on the budget prepared as provided in this part. Periodic work programs may be amended from time to time in such manner as the Office ofPlanning and Budget may require. A duplicate copy of all of the periodic work programs and any amendments thereto shall be filed simultaneously with the Office of Planning and Budget, the director of the Office of Treasury and Fiscal Services, the state auditor, the Senate Budget Office, and the House Budget Office.'

SECTION 1-2. Title 8 of the Official Code of Georgia Annotated, relating to buildings, is amended by revising Code Section 8-2-144, relating to accounting of certain fees by the Commissioner oflnsurance, as follows:
'8-2-144. The Commissioner of Insurance shall file a report on or before December 15 of each year accounting for all fees received by the Commissioner under this part and Part 3 of this article for the preceding 12 month period and for the actual costs of the inspection programs under this part and Part 3 of this article for the preceding 12 month period. Such report shall be provided to the chairpersons of the House Appropriations Committee, the Senate Appropriations Committee, the House Governmental Affairs Committee, and the Senate Regulated Industries and Utilities Committee, the director ofthe Office ofPlanning and Budget, the director of the Senate Budget Office, and the director of the House Budget Office.'

SECTION 1-3. Title 15 ofthe Official Code ofGeorgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-6-77.4, relating to certain additional divorce case filing fees, as follows:
"(a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of$5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day ofthe month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

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SECTION 1-4. Said title is further amended by revising Code Section 15-9-60.1, relating to certain additional marriage license fees, as follows:
'15-9-60.1. In addition to any fees required in Code Section 15-9-60 for receJVmg marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of$15.00 for issuing a marriage license. No amount ofthis additional fee shall be paid into the Judges ofthe Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 or be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting ofall funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

SECTION 1-5. Said title is further amended by revising paragraph (3) of subsection (e) of Code Section 15-18-12, relating to judicial circuit travel expenses, as follows:
'(3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the district attorney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the state auditor, the House Budget Office, and the Senate Budget Office a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust said budget as may be necessary to carry out the purposes of this Code section.'

SECTION 1-6. Said title is further amended by revising Code Section 15-21-74, relating to payment of certain amounts of the Georgia Superior Court Clerks' Cooperative Authority, as follows:
'15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting

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of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

SECTION 1-7. Said title is further amended by revising Code Section 15-21-113, relating to payment of certain amounts to the Georgia Superior Court Clerks' Cooperative Authority, as follows:
"15-21-113. The sums provided for in Code Section 15-21-112 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Georgia Crime Victims Compensation Board, to be deposited into the Georgia Crime Victims Emergency Fund. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

SECTION 1-8. Said title is further amended by revising subsection (c) of Code Section 15-21A-7, relating to the reporting and accounting system of the Georgia Superior Court Clerks' Cooperative Authority, as follows:
"(c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the General Oversight Committee for the Georgia Public Defender Standards Council, the Office of Planning and Budget, the Chief Justice of the Supreme Court of Georgia, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

SECTION 1-9. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraph (3) of subsection (c) of Code Section 17-12-26, relating to the budget of the Georgia Public Defender Standards Council, as follows:
"(3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, the Senate Budget Office, and the House Budget Office a monthly report showing the budget amount ofexpenditures made under the travel budget.

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The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes ofthis subsection."

SECTION 1-10. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising subsections (a) and (c) of Code Section 20-2-320, relating to the Education Information Steering Committee, as follows:
'(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the Georgia Public Telecommunications Commission, the Senate Budget Office, the House Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. The state-wide comprehensive educational information system shall not use a student's social security number or an employee's social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval ofthe boards of the respective education agencies, such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The boards of the respective education agencies, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase ofhardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." '(c) For the purpose ofthis article, authorized educational agencies shall be the Department of Education; the Department of Early Care and Learning; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the

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Education Coordinating Council; the Professional Standards Commission; the Office of Student Achievement; the education policy and research components of the office of the Governor; the Office ofPlanning and Budget; the Senate Budget Office; the House Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, Education and Youth, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees ofthe General Assembly, and agencies other than authorized educational agencies.'

SECTION 1-11. Said title is further amended by revising Code Section 20-3-133, relating to certain payments to local operating authorities, as follows:
'20-3-133.
There shall be paid to every local operating authority which shall have established a junior college under this article, upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the university system under the board of regents an amount which shall be determined on the basis of a budget for each fiscal year, developed pursuant to a formula agreed upon by the local operating authority, the director of the Senate Budget Office, the director of the House Budget Office, and the director of the Office ofPlanning and Budget. Budgets prepared pursuant to this authority shall be for expenses incurred by a junior college for educational and general expenditures as set forth in the latest edition of the publication entitled 'College and University Business Administration.' Such formula shall include financial participation from the local operating authority to include student matriculation fees and funds derived from not less than a one-half nor more than a three-fourths mill tax established by the local operating authority on the ad valorem tax digest of its political subdivision. No state funds shall be

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appropriated for capital construction. Expenditure under this article shall be audited annually by the Department of Audits and Accounts."

SECTION 1-12. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by revising Code Section 28-4-6, relating to the legislative fiscal officer and legislative budget analyst, as follows:
'28-4-6. (a) The Legislative Services Committee is authorized to employ a legislative fiscal officer for the legislative branch of government. The fiscal officer shall act as the bookkeeper-comptroller for the legislative branch of government and shall maintain an account of legislative expenditures and commitments. Such fiscal officer shall maintain an inventory of the equipment, furnishings, and nonexpendable items belonging to the legislative branch. Such fiscal officer shall prepare and sign vouchers pertaining to the expenditure oflegislative funds. Such fiscal officer shall prepare and sign all warrants for the expenditure of funds appropriated to and available to the legislative branch of government. Such warrants shall be paid by the fiscal officer, and it shall not be necessary that they be countersigned by the Comptroller General. All payments from funds appropriated to the legislative branch ofgovernment shall be made by the fiscal officer, and reference in any other law to any other official or person in connection with any duties pertaining to such payments shall be deemed to refer to the fiscal officer; all duties of any such other official or person in connection therewith are transferred to the fiscal officer. The fiscal officer shall be under such bond as the Legislative Services Committee shall prescribe, and the premium thereon shall be paid from funds appropriated to the legislative branch ofgovernment. The fiscal officer shall have such other duties as shall be prescribed by the committee. (b) The legislative fiscal officer is authorized on behalf of the legislative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval from the committee. The committee may provide for such approval to be given at meetings of the committee, or in writing between meetings by a majority ofthe members ofthe committee, or in such other manner as the committee may establish. All invoices shall contain in detail a description of the work performed, materials used or purchased, and any other information pertinent to the obligation. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee to do so plus evidence of delivery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the committee on a monthly basis.
(c) A majority vote of the total membership of the Legislative Services Committee shall be necessary to employ the legislative fiscal officer."

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SECTION 1-13. Said title is further amended by revising Code Section 28-4-7, relating to control of joint legislative offices, as follows:
'28-4-7. The Office of Legislative Counsel and the Office of Legislative Fiscal Officer shall be under the budgetary control of the Legislative Services Committee. The committee shall provide procedures for the employment of personnel to assist the legislative counsel and the legislative fiscal officer; and those two officials and such personnel shall be compensated under such procedure as the committee shall provide. The two officials shall have supervision of personnel in their offices relative to the duties of their employment. The committee shall provide office space for the offices and furnish them with supplies, materials, furniture, furnishings, books, equipment, and services."

SECTION 1-14. Said title is further amended by adding a new Code Section 28-5-6 to read as follows:
'28-5-6. (a) The Senate is authorized to establish and provide for a Senate Budget Office. The House ofRepresentatives is authorized to establish and provide for a House Budget Office. (b) The director of the Senate Budget Office is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his or her duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as the director shall request. (c) The director of the House Budget Office is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his or her duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as the director shall request. All information and material received by the House Budget Office under this subsection shall be made available to the chairpersons ofthe House Appropriations Committee, the House Budget and Fiscal Affairs Oversight Committee, and other officers of the House of Representatives as may be designated by the Speaker of the House; and upon direction by such chairpersons and such other officers of the House as may be designated by the Speaker of the House, the House Budget Office shaJ: request any needed information and material from any state department, board, bureau, commission, committee, authority, or agency."

SECTION 1-15. Said title is further amended by revising paragraph (I) of subsection (c) of Code Section 28-5-42, relating to fiscal note requirements, as follows:
(c)( I) In the event a bill having a significant impact as described in paragraph (I) of subsection (a) of this Code section is introduced not later than the twentieth day of any

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session, the chairperson of the committee to which such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the Senate Budget Office and the House Budget Office. The chairperson shall make such request after the bill is referred to the committee."

SECTION 1-16. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by revising subsection (a) of Code Section 35-2-41.1, relating to donation or conveyance of property, equipment, or services to the Department of Public Safety, as follows:
'(a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. If the commissioner approves the offer, he or she shall submit a written proposal of the offer to the board for its approval. A copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget, the Senate Budget Office, and the House Budget Office, any of which may comment on the proposal.'

SECTION 1-17. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by revising subsection (b) of Code Section 45-12-85, relating to periodic work programs, as follows:
'(b) The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, decentralization of state government, and sound fiscal management in reviewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistent with and subject to the method and provisions contained in the General Appropriations Act. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Notwithstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the House Budget Office and the Senate Budget Office of any such action with appropriate supporting information."

SECTION 1-18. Said title is further amended by revising subsection (d) of Code Section 45-12-95, relating to certain duties of the Office of Planning and Budget, as follows:
'(d) The Office ofPlanning and Budget must review and approve all proposed cost-saving initiatives prior to their implementation for the implementing agency to be eligible for

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receipt of financial incentives. However, as part of this review, the Office of Planning and Budget must consult with a cross section of agencies and the House Budget Office and the Senate Budget Office."

SECTION 1-19. Said title is further amended by revising Code Section 45-12-110, relating to federal assistance requirements, as follows:
'45-12-110. (a) Any state department, board, bureau, commission, authority, or other state agency, except the Board of Regents of the University System of Georgia and its employees, intending to apply for any new program of federal assistance under any federal program shall notify the House Budget Office, the Senate Budget Office, and the director of the Office of Planning and Budget of its intention to apply for such federal assistance at least 30 days prior to filing the application for such assistance. Such notification shall include a summary description of the proposed federal assistance project, the amount of federal funds to be requested, the amount of state matching funds, if any, to be required in connection with obtaining federal assistance, and the period of time to be covered by the proposed federal assistance project. (b) The House Budget Office, the Senate Budget Office, and the director of the Office of Planning and Budget, acting jointly or independently, are authorized and directed to devise and distribute such forms as may be necessary to carry out subsection (a) of this Code section and, in connection therewith, to adopt and promulgate such rules and regulations as may be necessary to ensure compliance with said subsection.'

SECTION 1-20. Said title is further amended by revising paragraph (25) of subsection (c) of Code Section 45-13-22, relating to distribution of Georgia Laws and House and Senate journals, as follows:
'(25) House Budget Office and Senate Budget Office- one set each;'

SECTION 1-21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-25-7.1, relating to the technology empowerment fund to be administered by the Georgia Technology Authority, as follows:
"50-25-7.1. (a) The authority is authorized and directed to establish a technology empowerment fund to be administered by the authority. The fund shall consist of such moneys appropriated or otherwise available to the authority as the board may determine from time to time to deposit therein. Subject to the appropriations process, the decision-making and priority-setting responsibilities for allocating these funds are vested in the chiefinformation officer and the director of the Office of Planning and Budget.

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(b) The chief information officer is authorized to identify and select individual projects, initiatives, and systems to improve service delivery to be funded through the technology empowerment fund. Such projects shall demonstrate, to the satisfaction of the chief information officer, reduced costs through the use of technology. In identification and selection of such projects, initiatives, and systems, the chief information officer shall give priority to those which provide demonstrable cost savings and improved service delivery on a recurring basis through the employment of technology and training. Eligible projects, initiatives, and systems to receive disbursements from the technology empowerment fund may be selected from agency budget requests. Quarterly reports of the operations of the technology empowerment fund shall be required to be made to the board, the Office of Planning and Budget, the Senate Budget Office, and the House Budget Office to ensure proper oversight and accountability. (c) Each project or initiative developed and supported from the technology empowerment fund shall employ technology that is compatible with the architecture and standards established by the authority and shall be accounted for by a discrete account established for the individual project or initiative item in the operating budget and capital budget. (d) A steering committee composed of the chairperson of the House Appropriations Committee or his or her designee from among the membership of the committee, the chairperson ofthe Senate Appropriations Committee or his or her designee from among the membership ofthe committee, the director ofthe Office ofPlanning and Budget, the House Budget Office, the Senate Budget Office, the state auditor, and a representative from the Governor's office shall advise and consult with the chief information officer regarding initiatives to receive funding from the technology empowerment fund and shall receive quarterly reports from the chief information officer as to the status of funded projects.'

SECTION 1-22. Said title is further amended by revising subsection (a) of Code Section 50-34-17, relating to the OneGeorgia Authority Overview Committee, as follows:
"(a) There is established the OneGeorgia Authority Overview Committee to be composed of one member of the House of Representatives to be appointed by the Speaker of the House of Representatives, one member of the Senate to be appointed by the President of the Senate, the director of the Senate Budget Office or his or her designee, the director of the House Budget Office or his or her designee, and two members ofthe General Assembly to be appointed by the Governor. The legislative members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed by not later than July I, 2000. Thereafter, their successors shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly."

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PART II SECTION 2-1.

Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by repealing in its entirety Code Section 28-5-5, relating to the Budgetary Responsibility Oversight Committee, which reads as follows:
'28-5-5. (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of six members ofthe House ofRepresentatives appointed by the Speaker ofthe House of Representatives and six members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker ofthe House of Representatives shall appoint a member of the committee to serve as chairperson and the President of the Senate shall appoint members of the committee to serve as vice chairperson and secretary during each even-numbered year. The President of the Senate shall appoint a member of the committee to serve as chairperson and the Speaker of the House of Representatives shall appoint members to serve as vice chairperson and secretary during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to consult with the Governor and the Office of Planning and Budget concerning the development and implementation of the strategic planning process, the development of outcome measures for program evaluation, and the implementation of related actions. (d) It shall be the duty of such committee to review and evaluate the following:
(1) Information on new programs submitted in accordance with Code Section 45-12-88; (2) The continuation budget report submitted in accordance with Code Section 45-12-75.1; (3) The strategic plans for the state and individual departments submitted by the Office of Planning and Budget; (4) Program evaluation reports submitted in accordance with Code Section 45-12-178; (5) Information or reports to be submitted by the Office of Planning and Budget identifying moneys received and purposes for which moneys are expended in any case in which the receipt or expenditure is not contemplated by an appropriations Act; and (6) Such other information or reports as deemed necessary by such committee. (e) The Office of Planning and Budget and the head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (f) The committee shall make an annual report of its activities and findings to the membership ofthe General Assembly and the Governor within one week of the convening

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of each regular session of the General Assembly. The chairperson of the committee shall prepare written executive summaries of such report prior to the adoption of the General Appropriations Act each year. The committee shall not be required to distribute copies of the annual report or the executive summaries to the members of the General Assembly but shall notify the members ofthe availability of the materials in the manner which it deems to be most effective and efficient. (g) The members ofthe committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit be conducted for any department which the committee deems necessary."

SECTION 2-2. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by repealing in its entirety Code Section 45-12-75.1, relating to the annual continuation budget report, which reads as follows:
'45-12-75.1. (a) On or before October I of 1994 and each year thereafter, the Governor, through the Office of Planning and Budget, shall prepare and submit to the Budgetary Responsibility Oversight Committee a continuation budget report. On or before May I of 1994 and every year thereafter, the Governor, through the Office of Planning and Budget, shall consult and coordinate with the chairperson of the Budgetary Responsibility Oversight Committee to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each state department shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of the funds necessary to provide services in the current fiscal year for each state agency and program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs. (b) The committee shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24. (c) The committee shall prepare a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. Within one week of the convening of each regular session of the General Assembly, the committee shall notify the members of the availability of the list in the manner which it deems to be most effective and efficient. (d) It is the intent of this Code section to examine all state departments not less than once every five years.'

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SECTION 2-3. Said title is further amended by revising Code Section 45-12-88, relating to information required to be furnished to the Budgetary Responsibility Oversight Committee, and inserting in its place the following:
'45-12-88. Reserved.'

SECTION 2-4. Said title is further amended by revising subsection (b) of Code Section 45-12-175, relating to preparation of long-range development plans, as follows:
'(b) The Office of Planning and Budget shall cause to be prepared and coordinate the development of strategic plans by departments, boards, bureaus, commissions, institutions, authorities, and other agencies to ensure that the state-wide directions are met. The Office of Planning and Budget shall:
(1) Ensure that the focus of the various plans do not conflict with the general state goals; (2) Offer assistance to the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government in the design and execution of their programs and be the coordinating agency for the separate department or agency proposals; and (3) Phase in implementation by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government.'

SECTION 2-5. Said title is further amended by repealing in its entirety Code Section 45-12-178, relating to certain review of state programs and functions, which reads as follows:
45-12-178. (a) It is the intent of the Governor and the General Assembly that taxpayers' money be spent in the most effective and efficient manner possible in order to obtain the maximum benefit from such expenditures. In furtherance of this objective, the Governor, through the Office of Planning and Budget, shall assist the General Assembly in establishing an ongoing review and evaluation of all programs and functions in state government. (b) The chairperson of the Budgetary Responsibility Oversight Committee shall maintain a list of those programs for which the committee is requesting evaluations. The chairperson shall provide the list, and any subsequent revisions to the list, to the director of the Governor's Office of Planning and Budget and to the state auditor. (c) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office ofthe Budgetary Responsibility Oversight Committee shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget, the Department of Audits and Accounts, and the

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Research Office ofthe Budgetary Responsibility Oversight Committee, as requested, in the performance of these evaluations. The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee are also authorized to contract with private contractors to perform, or assist in the performance of, these evaluations. (d) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall report to the Budgetary Responsibility Oversight Committee on the results of program evaluations as such evaluations are completed. Such reports shall include:
(1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized structurally and geographically, what are its staff size and composition, and what is its workload; (2) Financial information including the source and amounts of funding and unit costs, where applicable; (3) A description of the program's mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison; (4) Comparisons with other applicable public and private entities as to their experiences, service levels, costs, and staff resources required; (5) Recommendations concerning the program, including whether it should be continued as it is currently operated, continued with identified steps to remediate deficiencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; (6) Information describing the locations at which the program is operated and administered and the extent to which the operation and administration could be decentralized; and (7) Such other information as is identified as appropriate. (e) It is the intent of the General Assembly that all programs be evaluated at least every ten years. (f) Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits and Accounts setting forth in detail the action to be taken by said department to address the recommendations and findings. Said written response shall be made to the Office ofPlanning and Budget, the Department of Audits and Accounts, and the Budgetary Responsibility Oversight Committee. (g) The Research Office ofthe Budgetary Responsibility Oversight Committee shall verify with state departments the implementation of the departments' plans set forth in their 90 day responses as submitted in accordance with subsection (f) of this Code section. The Research Office shall inform the Budgetary Responsibility Oversight Committee about each department's progress at reasonable intervals."

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PART III SECTION 3-1.

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

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Compiler's Note- On May 31, 2007, House Bill No. 529 was vetoed by the Governor. On January 14, 2008, the House of Representatives by a vote of 160 to 13 overrode the Governor's veto and on January 28, 2008, the Senate by a vote of 47 to 7 overrode the Governor's veto. Consequently, House Bill No. 529 became effective January 28, 2008.

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2008
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One Book One

GEORGIA LAWS 2008 SESSION
CONSERVATION-RATIFY WATER MANAGEMENT PLAN.
No. 378 (House Resolution No. I 022).
A RESOLUTION
To ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, pursuant to Article 8 of Chapter 5 of Title 12 of the O.C.G.A., the Environmental Protection Division of the Department of Natural Resources developed a comprehensive state-wide water management plan and submitted such a plan to the Water Council for adoption; and
WHEREAS, the Water Council adopted such a plan on January 8, 2008, and submitted such plan to the General Assembly on January 14, 2008, for consideration by the General Assembly under Code Section 12-5-525 of the O.C.G.A.; and
WHEREAS, it is the desire of the General Assembly to ratify such plan pursuant to Code Section 12-5-525 of the O.C.G.A.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
(I) That the comprehensive state-wide water management plan adopted by the Water Council on January 8, 2008, on file in the office of the director of the Environmental Protection Division, and submitted to the General Assembly on January 14, 2008, is hereby ratified pursuant to Code Section 12-5-525 of the O.C.G.A.; (2) That such nonstatutory plan shall have force and effect; (3) That in the event any provision ofsuch nonstatutory plan irreconcilably conflicts with any current or future statute enacted by the General Assembly, then, to the extent of the conflict, the provisions of such statute shall control; (4) That this resolution shall become effective upon its approval by the Governor or upon its becoming Jaw without such approval; and (5) That all laws and parts of laws in conflict with this resolution are repealed.
Approved February 6, 2008.

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GENERAL PROVISIONSGEORGIA DAY.

No. 379 (House Bill No. 387).

AN ACT

To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to make certain findings; to provide for annual observance of "Georgia Day"; to repeal conflicting laws; and for other purposes.

WHEREAS, on February 12, 1733, the HMS Anne arrived on the coast of what is now Savannah, and a company of settlers, under the command of James Edward Oglethorpe, disembarked in an area known as Yamacraw Bluff, where their first official act was to kneel and offer thanksgiving and prayer to God, then they immediately set up tents and began the grand experiment which would become the colony and later the State of Georgia; and

WHEREAS, it is not merely important but imperative that all who now enjoy the results of the hardship and labor of those early settlers set aside a day of remembrance and thanksgiving for their sacrifices.

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 to read as follows:
"1-4-17. The twelfth day ofFebruary in each year is declared to be 'Georgia Day,' as the anniversary of the landing of the first colonists in Georgia under Oglethorpe!

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

Approved February 12, 2008.

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COMMERCE- FRANCHISE AGREEMENTS; RECREATIONAL VEHICLES.

No. 383 (House Bill No. 297).

AN ACT

To amend Chapter 1 ofTitle 10 ofthe Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to franchise agreements required to sell or distribute recreational vehicles; to provide for applicability; 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. Chapter 1 of Title 10 ofthe Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Code Section 10-1-679.14, relating to franchise agreements required to sell or distribute recreational vehicles, as follows:
'10-1-679.14. (a) It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute recreational vehicles in Georgia and meets the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where recreational vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute recreational vehicles to the public. (b) Subsection (a) of this Code section shall not apply to:
(I) The sale of recreational vehicles at events sponsored by a Georgia based recreational vehicle grantor with manufacturing facilities located in this state, where recreational vehicles are sold or contracted for by its franchised out-of-state recreational vehicle dealers; (2) Any convention or rally involving more than 2,500 recreational vehicles which are preregistered with the sponsor of said event, owned by individuals attending such convention or rally, and there for the personal use of their owners for the purpose of camping and not for sale or display; provided, however, that no dealers from outside of this state shall be invited to said event by a participating manufacturer unless all franchised Georgia dealers for such participating manufacturer shall be invited to said event, and there shall be no discrimination in terms of sales by a manufacturer to any franchised Georgia dealer for recreational vehicles to be sold at the convention or rally; nor shall any franchised Georgia dealer be required by a manufacturer to purchase

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inventory in addition to that required under a current franchise agreement between the manufacturer and such dealer in order for the dealer to participate in such convention or rally. Out-of-state dealers shall register with the Department of Revenue and purchase a permit 30 days prior to participating in any rally or convention in Georgia. The cost of such permit shall be $500.00 per dealer. Any manufacturer or dealer that violates this paragraph shall not be eligible to participate in any such events; or (3) Any dealer at a convention or rally if:
(1) There are ten or more dealers from this state participating in such convention or rally; and (2) Such convention or rally takes place at a location other than the principal place of business of any of the dealers participating in such convention or rally. Nothing in this subsection shall be applied to impair an obligation of a contract existing on the effective date of this subsection. (c) The state revenue commissioner and the Department of Revenue shall enforce this Code section in the same manner as provided by Code Sections I 0-1-666 and 10-1-667 for violations of Article 22 of this chapter.'

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 any agreement entered into on or after such date and to any renewal, modification, or amendment made on or after such date to any such agreement.

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

Approved March 14, 2008.

ALCOHOLIC BEVERAGES- NONPROFIT ORGANIZATIONS; TEMPORARY PERMITS; AUCTIONS.
No. 388 (House Bill No. 1243).
AN ACT
To amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of

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alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; 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. Article I of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale ofalcoholic beverages by public carriers and nonprofit organizations, is amended by revising Code Section 3-9-3, relating to issuance of temporary permits for sale by nonprofit civic organizations of alcoholic beverages for consumption only on premises, as follows:
'3-9-3. (a) Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a permit authorizing the organization to sell alcoholic beverages for consumption on the premises or to sell wine at retail for off-premises consumption, or both, for a period not to exceed three days, subject to any law regulating the time for selling such beverages. (b) No more than six permits may be issued to an organization in any one calendar year pursuant to this Code section. (c) Permits issued pursuant to this Code section shall be valid only for the place specified in the permit. No permit may be issued unless the sale of distilled spirits, wine, or malt beverages is lawful in the place for which the permit is issued.'

SECTION 2. Said article is further amended by adding two new Code sections to read as follows:
'3-9-4. (a) Upon the filing of an application and payment of a fee of $25.00 by a bona 'fide nonprofit civic organization, the commissioner may issue a special use temporary permit authorizing a bona fide nonprofit civic organization to auction wine in sealed containers only for a period not to exceed three days, subject to any law regulating the time for selling wine. (b) No more than six special use temporary permits may be issued to a bona fide nonprofit civic organization in any calendar year. (c) Special use temporary permits issued pursuant to this Code section shall be valid only for the location specified in the permit. No special use temporary permit may be issued unless local licensing authorities have issued to the bona fide nonprofit civic organization a permit or approval for the sale of wine at the location specified in the special use temporary permit. Prior to the commencement of the event described in the special use

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temporary permit, the bona fide nonprofit CIVIC organization shall furnish to the commissioner a detailed inventory list of the wine to be auctioned including:
(I) The name, address, telephone number, and taxpayer identification number of the person who furnishes the wine for the event; and (2) The type, brand, label, and quantity of each wine to be sold at auction. (d) Bona fide nonprofit civic organizations which hold a special use temporary permit issued pursuant to this Code section may auction for off-premises consumption wine in sealed containers, which has been donated to the bona fide nonprofit civic organization by a person who does not currently hold a license that has been issued by the department pursuant to this title, wine which has been donated by a Georgia licensed retailer, or wine which has been donated or purchased from a Georgia licensed wine wholesaler. The bona fide nonprofit civic organization may ship or otherwise transport to the location specified in the special use temporary permit wine donated by a person who does not currently hold a license that has been issued by the department pursuant to this title or wine donated by a Georgia licensed retailer. Georgia excise tax shall be paid to the department on any donated wine. If the bona fide nonprofit civic organization cannot verify, within ten days of the conclusion of the permitted event, that Georgia excise tax for the wine was previously paid to the department, the bona fide nonprofit civic organization shall pay to the department the appropriate excise tax as required by law.

3-9-5. As used in this article, the term 'bona fide nonprofit civic organization' means an entity which is exempt from federal income tax pursuant to the provisions of 26 U.S.C. Sections 50l(c), 501(d), or 501(e).'

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 March 29,2008.

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STATE GOVERNMENT- OBJECTION TO ADMINISTRATIVE RULES; ALTERNATE METHOD.

No. 389 (Senate Bill No. 352).

AN ACT

To amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to provide an alternate method for a General Assembly objection to administrative rules; to provide that the effectiveness of a challenged agency rule may be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; to change certain exemptions from legislative override; 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 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, is amended by revising subsections (f), (g), and (i) as follows:
'(f)(l) In the event a standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the proposed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers ofthe Senate and the House ofRepresentatives, the chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt ofthe resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less

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than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. (2) In the event each standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds' vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override ofthe challenged rule pursuant to this subsection, the rule shall then immediately take effect. (g)(l) Subsection (f) ofthis Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources as to any rule for which, as part of the notice required by paragraph (1) of subsection (a) of this Code section, the director of the division certifies that such rule is required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources as to any rule so certified. As part of such certification, the director shall cite the specific section or sections of federal statutes or regulations which the proposed rule is intended to comply with or implement. General references to the name or title of a federal statute or regulation shall not suffice for the purposes of this paragraph. Any proposed rule or

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rules that are subject to this paragraph shall be noticed separately from any proposed rule or rules that are not subject to this paragraph. (2) In the event the chairperson of any standing committee to which a proposed rule certified by the director of the division pursuant to paragraph (1) of this subsection is assigned notifies the director that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of such rule, it shall be the duty of the director to consult with the committee prior to the adoption of the rule." '(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 of Title 12; provided, however, that this Code section shall apply to any rules or regulations implementing such a 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 March 29, 2008.

HEALTH- CERTIFICATE OF NEED EXEMPTION; PRISONS; CORRECTIONAL FACILITIES.
No. 390 (House Bill No. 967).
AN ACT
To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that the safety of the citizens of this state is an important and

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primary goal for the well-being of this state. The General Assembly also recognizes that there is an obligation to provide certain medical treatment to prisoners in penal institutions in this state. The General Assembly further finds that transporting prisoners to community hospitals for medical treatment presents a difficult situation of controlling the detainment of prisoners while ensuring the safetyofthe general public. To this end, some penal institutions may elect to establish medical facilities in such institutions to provide the most secure option for rendering medical treatment to prisoners. It is the belief of the General Assembly that for purposes of public safety and because these medical facilities do not compete with hospitals open to the public, penal institutions should not have to obtain a certificate of need for the establishment of such medical facilities.

SECTION 2. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, is amended by striking the "and" at the end of paragraph (15) of subsection (a), by striking the period at the end of paragraph (16) of subsection (a) and replacing it with "; and", and by adding a new paragraph to the end of subsection (a) to read as follows:
'(17) Infirmaries or facilities operated by, on behalf of, or under contract with the Department of Corrections or the Department of Juvenile Justice for the sole and exclusive purpose of providing health care services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution entities in this state which house inmates under the Department of Corrections or the Department of Juvenile Justice.'

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

Approved April 9, 2008.

REVENUE -INTERNAL REVENUE CODE; INCORPORATE INTO GEORGIA LAW.
No. 391 (House Bill No. 926).
AN ACT
To amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as to define the terms "Internal Revenue Code"

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and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" for certain taxable years and thereby incorporate certain provisions of the federal law into Georgia law and provide that such provisions shall supersede and control over certain other provisions; to provide for effective dates; to provide applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, is amended by revising paragraph (14) as follows:
'(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January I, 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January I, 2008, 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)(l), Section 1400NU), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, 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, 2008, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January I, 2008, provisions of the Internal Revenue Code of 1986, as amended, which were as of January I, 2008, 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 Code section is further amended by adding a new paragraph to read as follows:
'(14.2) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning after December 31, 2006, but before January I, 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January I, 2008, except that 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 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2008, enacted into law but not yet effective shall be effective

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for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. The provisions of this paragraph shall supersede and control over any provision of paragraph (14) of this Code section to the contrary.'

SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon this Act's 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, 2008. (b) Section 2 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning after December 31, 2006, but before January I, 2008.

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

Approved April 9, 2008.

HEALTH -INSURANCE -LOCAL GOVERNMENT- PROFESSIONS PROPERTY- TORTS- WATERS- CERTIFICATE OF NEED PROGRAM; COMPREHENSIVE REVISION; DEPARTMENT OF HUMAN RESOURCES LICENSING FUNCTION; TRANSFER TO DEPARTMENT OF COMMUNITY HEALTH.
No. 392 (Senate Bill No. 433).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for extensive revision of the certificate of need program; to revise and add definitions; to revise the declaration of policy for state health planning; to revise the composition and duties of the Health Strategies Council; to revise the duties of the Department of Community Health; to revise provisions relating to requirements for certificate of need; to provide for destination cancer hospitals; to allow for set times to accept applications for capital projects; to provide for the establishment of conditions for approval of a certificate of need; to change certain provisions relating to perinatal services; to provide for certain facilities to divide; to change certain provisions relating to considerations; to provide for a letter of intent for proposed new clinical health services; to provide for hatching and comparative review of applications for clinical health services; to revise provisions

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relating to time frames for review of applications; to provide for the imposition of a temporary moratorium on the issuance of certificates of need for new and emerging health care services; to reassign the hearing functions from the Health Planning Review Board to a Certificate of Need Appeal Panel; to revise provisions relating to judicial review of a final agency decision; to add grounds for which a certificate of need may be revoked; to provide that a portion of a certificate of need may be revoked under certain circumstances; to increase the penalties for services conducted without a required certificate of need; to provide for investigating authority of the department; to provide that applicants for certificates of need may be required to participate as a provider of medical assistance for purposes of Medicaid; to change certain provisions relating to an annual report; to add, revise, and delete certain exemptions to the certificate of need requirements; to authorize the Department of Community Health to require notice and its certification that an activity is exempt from the certificate of need requirements; to provide for the transfer of certain functions relating to the state health plan to the Board of Community Health from the Health Strategies Council; to abolish the Health Planning Review Board; to transfer pending matters of the Health Planning Review Board to the Certificate of Need Appeal Panel; to revise a provision relating to application of review procedures to expenditures under a federal law; to require health care facilities and other entities to submit annual reports to the Department of Community Health; to increase the penalties for untimely and incomplete reports; to transfer licensing of hospitals and other health care facilities from the Department of Human Resources to the Department of Community Health; to provide for transition; to provide for licensure standards on a clinical service level for hospitals and related institutions; to amend various other titles of the Official Code of Georgia Annotated so as to revise provisions 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:

PART I Revision of Certificate of Need Program.

SECTION 1-1. Title 31 ofthe Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 6, relating to state health planning and development, as follows:

"ARTICLE I

31-6-1. The policy of this state and the purposes of this chapter are to ensure access to quality health care services and to ensure that health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those

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health care services found to be in the public interest shall be provided in this state. To achieve such public policy and and purposes, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, that provides quality health care services, and that is compatible with the health care needs of the various areas and populations of the state.

31-6-2. As used in this chapter, the term:
(I) 'Ambulatory surgical center or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (2) 'Application' means a written request for a certificate ofneed made to the department, containing such documentation and information as the department may require. (3) 'Basic perinatal services' means providing basic inpatient care for pregnant women and newborns without complications; managing perinatal emergencies; consulting with and referring to specialty and subspecialty hospitals; identifying high-risk pregnancies; providing follow-up care for new mothers and infants; and providing public/community education on perinatal health. (4) 'Bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maximum number for which adequate square footage is provided as established by rules of the department, except that single beds in single rooms shall be counted even if the room contains inadequate square footage. (5) 'Board' means the Board of Community Health. (6) 'Certificate of need' means an official determination by the department, evidenced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto. (7) 'Certificate of Need Appeal Panel' or 'appeal panel' means the panel of independent hearing officers created pursuant to Code Section 31-6-44 to conduct appeal hearings. (8) 'Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography; radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac

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catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services. (9) 'Commissioner' means the Commissioner of the Department of Community Health. (10) 'Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or
provider. (11) 'Continuing care retirement community' means an organization, whether operated for profit or not, whose owner or operator undertakes to provide shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting, and other services, as designated by agreement, to an individual not related by consanguinity or affinity to such owner or operator providing such care pursuant to an agreement for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (12) 'Department' means the Department of Community Health established under Chapter SA of this title. ( 13) 'Destination cancer hospital' means an institution with a licensed bed capacity of 50 or less which provides diagnostic, therapeutic, treatment, and rehabilitative care services to cancer inpatients and outpatients, by or under the supervision ofphysicians, and whose proposed annual patient base is composed of a minimum of 65 percent of patients who reside outside of the State of Georgia. (14) 'Develop,' with reference to a project, means:
(A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $2,500,000.00; or (B) The expenditure or commitment of funds exceeding $1,000,000.00 for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment; provided, however, that this shall not include build out costs, as defined by the department, but shall include all functionally related equipment, software, and any warranty and services contract costs for the first five years. Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or commitment or incurring an obligation for the expenditure offunds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings or to acquire, develop, or prepare sites shall not be considered to be the developing of a project. (15) 'Diagnostic imaging' means magnetic resonance imaging, computed tomography (CT) scanning, positron emission tomography (PET) scanning, positron emission tomography/computed tomography, and other advanced imaging services as defined by the department by rule, but such term shall not include X-rays, fluoroscopy, or ultrasound

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services. (16) 'Diagnostic, treatment, or rehabilitation center' means any professional or business undertaking, whether for profit or not for profit, which offers or proposes to offer any clinical health service in a setting which is not part of a hospital; provided, however, that any such diagnostic, treatment, or rehabilitation center that offers or proposes to offer surgery in an operating room environment and to allow patients to remain more than 23 hours shall be considered a hospital for purposes of this chapter. (I 7) 'Health care facility' means hospitals; destination cancer hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical centers or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers, but only to the extent paragraph (3) or (7), or both paragraphs (3) and (7), of subsection (a) of Code Section 31-6-40 are applicable thereto;. (18) 'Health maintenance organization' means a public or private organization organized under the laws of this state which:
(A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physicians' services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians' services primarily:
(i) Directly through physicians who are either employees or partners of such organization; or (ii) Through arrangements with individual physicians organized on a group practice or individual practice basis. (19) 'Health Strategies Council' or 'council' means the body created by this chapter to advise the Department of Community Health. (20) 'Home health agency' means a public agency or private organization, or a subdivision of such an agency or organization, which is primarily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places ofresidence used as such individuals' homes, part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services: (A) Physical therapy; (B) Occupational therapy; (C) Speech therapy; (D) Medical social services under the direction of a physician; or (E) Part-time or intermittent services of a home health aide.

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(21) 'Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric, osteopathic, and other specialty hospitals. (22) 'Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board. (23) 'Joint venture ambulatory surgical center' means a freestanding ambulatory surgical center that is jointly owned by a hospital in the same county as the center or a hospital in an contiguous county if there is no hospital in the same county as the center and a single group of physicians practicing in the center and that provides surgery in a single specialty as defined by the department; provided, however, that general surgery, a group practice which includes one or more physiatrists who perform services that are reasonably related to the surgical procedures performed in the center, and a group practice in orthopedics which includes plastic hand surgeons with a certificate ofadded qualifications in Surgery of the Hand from the American Board of Plastic and Reconstructive Surgery shall be considered a single specialty. The ownership interest of the hospital shall be no less than 30 percent and the collective ownership of the physicians or group ofphysicians shall be no less than 30 percent. (24) 'New and emerging health care service' means a health care service or utilization of medical equipment which has been developed and has become acceptable or available for implementation or use but which has not yet been addressed under the rules and regulations promulgated by the department pursuant to this chapter. (25) 'Nonclinical health services' means services or functions provided or performed by a health care facility, and the parts ofthe physical plant where they are located in a health care facility that are not diagnostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter. (26) 'Offer' means that the health care facility is open for the acceptance of patients or performance of services and has qualified personnel, equipment, and supplies necessary to provide specified clinical health services. (27) 'Operating room environment' means an environment which meets the minimum physical plant and operational standards specified in the rules of the department which shall consider and use the design and construction specifications as set forth in the Guidelines for Design and Construction of Health Care Facilities published by the American Institute of Architects. (28) 'Pediatric cardiac catheterization' means the performance of angiographic, physiologic, and as appropriate, therapeutic cardiac catheterization on children 14 years

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of age or younger. (29) 'Person' means any individual, trust or estate, partnership, limited liability company or partnership, corporation (including associations, joint-stock companies, and insurance companies), state, political subdivision, hospital authority, or instrumentality (including a municipal corporation) of a state as defined in the laws of this state. This term shall include all related parties, including individuals, business corporations, general partnerships, limited partnerships, limited liability companies, limited liability partnerships, joint ventures, nonprofit corporations, or any other for profit or not for profit entity that owns or controls, is owned or controlled by, or operates under common ownership or control with a person. (30) 'Personal care home' means a residential facility that is certified as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49 having at least 25 beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents' functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
(A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option ofpreparing and serving some or all oftheir own meals; or (B) Boarding facilities which do not provide personal care. (31) 'Project' means a proposal to take an action for which a certificate of need is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered. (32) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 2000 or any future such census. (33) 'Single specialty ambulatory surgical center' means an ambulatory surgical center where surgery is performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty; provided, however, that general surgery, a group practice which includes one or more physiatrists who perform services that are reasonably related to the surgical procedures performed in the center, and a group practice in orthopedics which includes plastic hand surgeons with a certificate of added qualifications in Surgery of the Hand from the American Board of Plastic and Reconstructive Surgery shall be considered a single specialty. (34) 'Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and

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related services for patients who require medical or nursing care onehabilitation services for the rehabilitation of injured, disabled, or sick persons. (35) 'Specialty hospital' means a hospital that is primarily or exclusively engaged in the care and treatment ofone ofthe following: patients with a cardiac condition, patients with an orthopedic condition, patients receiving a surgical procedure, or patients receiving any other specialized category of services defined by the department. A 'specialty hospital' does not include a destination cancer hospital. (36) 'State health plan' means a comprehensive program based on recommendations by the Health Strategies Council and the board, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state. (37) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the department's Hospital Financial Survey and related instructions. (38) 'Urban county' means a county having a population equal to or greater than 35,000 according to the United States decennial census of 2000 or any future such census.

ARTICLE 2

31-6-20. (a) There is created a newly reconstituted Health Strategies Council to be appointed by the Governor, subject to confirmation by the Senate. Any appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. The newly reconstituted Health Strategies Council shall be the successor to the Health Strategies Council as it existed on June 30, 2008. Those members of the previously existing Health Strategies Council who are serving as such on June 30, 2008, shall have their terms expire on June 30, 2008, at which time that council shall be abolished. On and after that date the council shall be composed of 13 members, except as otherwise provided for in subsection (b) of this Code section. One member shall be appointed from each congressional district. The council shall be composed as follows:
(l) One member representing the private insurance industry; (2) One member representing rural hospitals; (3) One member representing urban hospitals; (4) One member who is a primary care physician in the active practice of medicine; (5) One member who is a physician in a board certified specialty in the active practice of medicine; (6) One member representing nursing homes; (7) One member representing home health agencies; (8) One member representing freestanding ambulatory surgical centers; (9) One member representing health care needs of women;

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(10) One member representing health care needs of the disabled and elderly; (II) One member representing mental health care needs; ( 12) One member representing health care needs of indigent persons; and (13) One member representing health care needs of business personnel (b) If the state obtains one or more additional members of the United States House of Representatives as a result of reapportionment, the Governor shall appoint, subject to confirmation by the Senate, from each new congressional district thus created one member representing local or county governments. (c) The initial members of the newly reconstituted council shall take office July 1, 2008, and six of them shall be designated in such appointment to serve initial terms of office of two years and seven of them shall be designated in such appointment to serve initial terms of office of four years. If additional members are appointed to the council to represent a new congressional district as provided in subsection (b) of this Code section, one half shall be designated to serve an initial term of office which expires when the above initial two-year terms of office expire and one half shall be designated to serve an initial term of office which expires when the above initial four-year terms of office expire. After the initial terms provided in this subsection, members ofthe council shall be appointed to serve for four-year terms of office. Members of the council shall serve out their terms of office and until their respective successors are appointed and qualified. (d) Members of the council shall be subject to removal: (I) By the Governor after notice and opportunity for hearing for:
(A) Inability or neglect to perform the duties required of members; (B) Incompetence; or (C) Dishonest conduct; or (2) For failure to attend at least 50 percent of the meetings of the council in any year; provided, however, that an absence caused by a medical condition or death of a family member shall constitute an excused absence and shall not provide grounds for removal. Vacancies on the council shall be filled by appointment by the Governor, subject to confirmation by the Senate. (e) The Governor shall appoint the chairperson of the council. A majority ofthe members of the council shall constitute a quorum. (f) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for the compensation and allowances of certain state officials. (g) The function ofthe council shall be to serve as an advisory body to the department and to: (I) Review, comment, and make recommendations to the board on components of the state health plan; and (2) Review and comment on proposed rules for the administration ofthis chapter, except

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emergency rules, as requested by the department (h) The council at the department's request shall involve and coordinate functions with such state entities as necessary.

31-6-21. (a) The Department of Community Health, established under Chapter SA of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the Board of Community Health. The department shall provide, by rule, for procedures to administer its functions until otherwise provided by the Board of Community Health. (b) The functions of the department shall be:
(I) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state; (2) To prepare and revise a draft state health plan; (3) To seek advice, at its discretion, from the Health Strategies Council in the performance by the department of its functions pursuant to this chapter; (4) To adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need program; (5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need; (7) To provide, by rule, for such fees as may be necessary to cover the costs of hearing officers, preparing the record for appeals before such hearing officers and the Certificate ofNeed Appeal Panel ofthe decisions ofthe department, and other related administrative costs, which costs may include reasonable sharing between the department and the parties to appeal hearings; (8) To establish, by rule, need methodologies for new institutional health services and health facilities. In developing such need methodologies, the department shall, at a minimum, consider the demographic characteristics of the population, the health status of the population, service use patterns, standards and trends, financial and geographic accessibility, and market economics. The department shall establish service-specific need methodologies and criteria for at least the following clinical health services: short stay hospital beds, adult therapeutic cardiac catheterization, adult open heart surgery, pediatric cardiac catheterization and open heart surgery, Level II and III perinatal services, freestanding birthing centers, psychiatric and substance abuse inpatient programs, skilled nursing and intermediate care facilities, home health agencies, and continuing care retirement community sheltered facilities; (9) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need

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applications; (10) To grant, deny, or revoke a certificate of need as applied for or as amended; and (II) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the department under Section 1122 of the federal Social Security Act of 1935, as amended.

31-6-21.1. (a) Rules of the department shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the department shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (b) The department shall transmit three copies of the notice provided for in paragraph (I) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that department's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Human Services Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee within 30 days of transmission of the rule to the members of such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the department at the end of such 30 day period. The department may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(I) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the department from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees. (c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the department and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the department unless the

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department, within the first I 5 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the department does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds ofthe vote of each branch ofthe General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the department. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, or if no resolution is introduced objecting to the rule, or ifthe resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die ofthat regular session. In the event of the Governor's approval ofthe resolution, the rule shall be disapproved and not adopted by the department. (d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the department may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the department in adopting a proposed rule over such objection so to notify the chairpersons ofthe Health and Human Services Committee ofthe Senate and the Health and Human Services Committee ofthe House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption ofthe resolution by the second branch ofthe General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, the rule shall remain in effect. In the event of the Governor's approval, the rule shall be void on the day after the date of approval. (e) Except for emergency rules, no rule or part thereof adopted by the department after

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April3, 1985, shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4. (f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration ofany department emergency rules, where those emergency rules are intended to cover matters which had been dealt with by the department's nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the department shall be valid unless adopted in compliance with this subsection. (g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule. (h) For purposes of this Code section, 'rules' shall mean rules and regulations. (i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before a hearing officer.

ARTICLE 3

31-6-40. (a) On and after July I, 2008, any new institutional health service shall be required to obtain a certificate of need pursuant to this chapter. New institutional health services include:
(I) The construction, development, or other establishment of a new health care facility; (2) Any expenditure by or on behalf of a health care facility in excess of $2,500,000.00 which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 ofthis title, or certificate of need owned by such facility in connection with its acquisition. The dollar amounts specified in this paragraph and in subparagraph (A) of paragraph (14) of Code Section 31-6-2 shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department ofCommerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such

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adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph and subparagraph (A) of paragraph (14) of Code Section 31-6-2, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure offunds to develop certificate ofneed applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (3) The purchase or lease by or on behalf of a health care facility or a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $1 ,000,000.00; provided, however, that diagnostic or other imaging services that are not offered in a hospital or in the offices of an individual private physician or single group practice of physicians exclusively for use on patients of that physician or group practice shall be deemed to be a new institutional health service regardless of the cost of equipment; and provided, further, that this shall not include build out costs, as defined by the department, but shall include all functionally related equipment, software, and any warranty and services contract costs for the first five years. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amount specified in this paragraph, in subparagraph (B) of paragraph (14) of Code Section 31-6-2, and in paragraph (I 0) of subsection (a) of Code Section 31-6-47 shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July I, 20 I0; (4) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-4 7; (5) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (6) Any conversion or upgrading of any general acute care hospital to a specialty hospital or of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; and (7) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following:
(A) Radiation therapy; (B) Biliary lithotripsy; (C) Surgery in an operating room environment, including but not limited to ambulatory surgery; and

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(D) Cardiac catheterization. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit a letter of intent and an application to the department and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter.
(c)(I) Any person who had a valid exemption granted or approved by the former Health Planning Agency or the Department of Community Health prior to July 1, 2008, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services. (2) Any facility offering ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14 )(G)(iii) of Code Section 31-6-2; any diagnostic, treatment, or rehabilitation center offering diagnostic imaging or other imaging services in operation and exempt prior to July 1, 2008; or any facility operating pursuant to a letter of nonreviewability and offering diagnostic imaging services prior to July 1, 2008, shall:
(A) Provide notice to the department ofthe name, ownership, location, single specialty, and services provided in the exempt facility; (B) Beginning on January 1, 2009, provide annual reports in the same manner and in accordance with Code Section 31-6-70; and
(C)(i) Provide care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provide uncompensated-indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the facility is not a participant in Medicaid or the PeachCare for Kids Program, provide uncompensated care for Medicaid beneficiaries and, if the facility provides medical care and treatment to children, for PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue if it:
(I) Makes a capital expenditure associated with the construction, development, expansion, or other establishment of a clinical health service or the acquisition or replacement of diagnostic or therapeutic equipment with a value in excess of $800,000.00 over a two-year period; (II) Builds a new operating room; or (III) Chooses to relocate in accordance with Code Section 31-6-47. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fees or monies due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar

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amount (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July 1, 2009. ln calculating the dollar amounts of a proposed project for the purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. Subparagraph (C) of this paragraph shall not apply to facilities offering ophthalmic ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14)(G)(iii) of Code Section 31-6-2 that are owned by physicians in the practice of ophthalmology. (d) A certificate ofneed issued to a destination cancer hospital shall authorize the beds and all new institutional health services of such destination cancer hospital. As used in this subsection, the term 'new institutional health service' shall have the same meaning provided for in subsection (a) of this Code section. A certificate of need shall only be issued to a destination cancer hospital that locates itself and all affiliated facilities within 25 miles of a commercial airport in this state with five or more runways. Such destination cancer hospital shall not be required to apply for or obtain additional certificates of need for new institutional health services related to the treatment of cancer patients, and such new institutional health services related to the treatment of cancer patients offered by the destination cancer hospital shall not be reviewed under any service specific need methodology or rules except for those promulgated by the department for destination cancer hospitals. After commencing operations, in order to add an additional new institutional health service, a destination cancer hospital shall apply for and obtain an additional certificate of need under the applicable statutory provisions and any rules promulgated by the department for destination cancer hospitals, and such applications shall only be granted if the patient base of such destination cancer hospital is composed of at least 65 percent of out-of-state patients for two consecutive years. The department may apply rules for a destination cancer hospital only for those services that the department determines are to be used by the destination cancer hospital in connection with the treatment of cancer. In no case shall a destination cancer hospital specific rules be used in the case ofan application for open heart surgery, perinatal services, cardiac catheterization, and other services deemed by the department to be not reasonably related to the diagnosis and treatment of cancer; provided, however, that the department shall apply the destination cancer hospital specific rules if a destination cancer hospital applies for services and equipment required for it to meet federal or state laws applicable to a hospital. If such destination cancer hospital cannot show a patient base of a minimum of 65 percent from outside of this state, then its application for any new institutional health service shall be evaluated under the specific statutes and rules applicable to that particular service. If such

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destination cancer hospital applies for a certificate of need to add an additional new institutional health service before commencing operations or completing two consecutive years of operation, such applicant may rely on historical data from its affiliated entities, as set forth in paragraph (2) of subsection (b.!) of Code Section 3 I-6-42. Because destination cancer hospitals provide services primarily to out-of-state residents, the number of beds, services, and equipment destination cancer hospitals use shall not be counted as part of the department's inventory when determining the need for those items by other providers. No person shall be issued more than one certificate of need for a destination cancer hospital. Nothing in this Code section shall in any way require a destination cancer hospital to obtain a certificate of need for any purpose that is otherwise exempt from the certificate of need requirement. Beginning January I, 2010, the department shall not accept any application for a certificate of need for a new destination cancer hospital; provided, however, all other provisions regarding the upgrading, replacing, or purchasing of diagnostic or therapeutic equipment shall be applicable to an existing destination cancer hospital. (e) The commissioner shall be authorized, with the approval of the board, to place a temporary moratorium of up to six months on the issuance of certificates of need for new and emerging health care services. Any such moratorium placed shall be for the purpose of promulgating rules and regulations regarding such new and emerging health care services. A moratorium may be extended one time for an additional three months if circumstances warrant, as approved by the board. In the event that final rules and regulations are not promulgated within the time period allowed by the moratorium, any applications received by the department for a new and emerging health care service shall be reviewed under existing general statutes and regulations relating to certificates of need.

3 I -6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the department of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the department within 45 days following the acquisition and the acquiring person may be fined by the department in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The department may limit the time periods during which it will accept applications for the following health care facilities:
(I) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the department has determined there is an unmet need for such facilities. The department shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (b. I) The department may establish, by rule, set times during the year in which

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applications for capital projects exceeding the threshold amounts in: (1) Paragraph (14) of Code Section 31-6-2; and (2) Paragraph (2) or (3) of subsection (a) of Code Section 31-6-40
shall be accepted. (c) The department may require that any applicant for a certificate ofneed agree to provide a specified amount of clinical health services to indigent patients as a condition for the grant of a certificate of need; provided, however, that each facility granted a certificate of need by the department as a destination cancer hospital shall be required to provide uncompensated indigent or charity care for residents of Georgia which meets or exceeds 3 percent of such destination cancer hospital's adjusted gross revenues and provide care to Medicaid beneficiaries. A grantee or successor in interest of a certificate of need or an authorization to operate under this chapter which violates such an agreement or violates any conditions imposed by the department relating to such services, whether made before or after July 1, 2008, shall be liable to the department for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided and may be subject to revocation of its certificate of need, in whole or in part, by the department pursuant to Code Section 31-6-45. Any penalty so recovered shall be paid into the state treasury.
(c.l)(l) A destination cancer hospital that does not meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state in a calendar year shall be fined $2,000,000.00 for the first year of noncompliance, $4,000,000.00 for the second consecutive year of noncompliance, and $6,000,000.00 for the third consecutive year of noncompliance. Such fine amount shall reset to $2,000,000.00 after any year of compliance. In the event that a destination cancer hospital does not meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state for three calendar years in any five-year period, such hospital shall be fined an additional amount of $8,000,000.00. It is the intent of the General Assembly that all revenues collected from any such fine shall be dedicated and deposited by the department into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (2) In the event a certificate of need for a destination cancer hospital is revoked pursuant to this subsection, such hospital shall be subject to fines pursuant to subsection (c) of Code Section 31-6-45 for operating without a certificate of need. (3) In addition to the annual report required pursuant to Code Section 31-6-70, a destination cancer hospital shall submit an annual statement, in accordance with timeframes and a format specified by the department, affirming that the hospital has met an annual patient base composed of a minimum of 65 percent of patients who reside outside this state. The chief executive officer of the destination cancer hospital shall certify under penalties of perjury that the statement as prepared accurately reflects the composition of the annual patient base. The department shall have the authority to inspect any books, records, papers, or other information pursuant to subsection (e) of

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Code Section 31-6-45 of the destination cancer hospital to confirm the information provided on such statement or any other information required of the destination cancer hospital. Nothing in this paragraph shall be construed to require the release of any information which would violate the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45.

31-6-40.2. (a) As used in this Code section only, the term:
(I) 'Certificate of need application' means an application for a certificate of need filed with the department, any amendments thereto, and any other written material relating to the application and filed by the applicant with the department. (2) 'First three years of operation' means the first three consecutive 12 month periods beginning on the first day of a new perinatal service's first full calendar month of operation. (3) 'First year of operation' means the first consecutive 12 month period beginning on the first day of a new perinatal services first full calendar month of operation. (4) 'New perinatal service' means a perinatal service whose first year of operation ends after April 6, 1992. (5) 'Perinatal service' means obstetric and neonatal services relating to managing high-risk pregnancies, care for moderately ill newborns, care for all maternal and fetal complications either on site or by referral, and operation of neonatal intensive care units equipped to treat critically ill newborns; provided however, this shall not include basic perinatal services as defined in Code Section 31-6-2. (6) 'Year' means one ofthe three consecutive 12 month periods in a new perinatal service first 36 months of operation. (b)(I) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds the department's established minimum at the time the department issued the certificate of need approval for such service for each of the service's first three years of operation; provided, however, that if the certificate of need application under which a new perinatal service was approved included a commitment that uncompensated indigent or charity care would be provided in an amount greater than the established minimum for any time period described in the certificate of need application that falls completely within such new perinatal service's first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount committed in the certificate of need application for each time period described in the certificate of need application that falls completely within the service's first three years of operation. (2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee's

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successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department determines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service provider's control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of paragraph (I) of this subsection have not been met. (c)(l) A new perinatal service shall achieve the standard number of births specified in the state health plan in effect at the time of the issuance of the certificate of need approval by the department in at least one year during its first three years of operation. (2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate of need or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department determines that such new perinatal service has failed to comply with the applicable requirements of paragraph (I) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service provider's control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the new perinatal service's first three years of operation. Revocation shall be effective 30 days after the date ofthe determination by the department that the requirements ofthis paragraph or paragraph (1) ofthis subsection have not been met. (d) Nothing contained in this Code section shall limit the department's authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section.

31-6-41. (a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the department, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the department. However, in reviewing an application to relocate all or a portion of an existing skilled nursing facility, intermediate care facility, or intermingled nursing facility, the department may allow such facility to divide into two or more such facilities if the

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department determines that the proposed division is financially feasible and would be consistent with quality patient care. (b) A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the department at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the department, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the department may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant.

31-6-42. (a) The written findings of fact and decision, with respect to the department's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the department interpretive thereof. The department shall issue a certificate of need to each applicant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (f) of Code Section 31-6-43:
(I) The proposed new institutional health services are reasonably consistent with the relevant general goals and objectives of the state health plan; (2) The population residing in the area served, or to be served, by the new institutional health service has a need for such services; (3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither currently available, implemented, similarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alternative services has been issued by the department and is currently valid; (4) The project can be adequately financed and is, in the immediate and long term, financially feasible; (5) The effects ofnew institutional health service on payors for health services, including governmental payors, are not unreasonable; (6) The costs and methods of a proposed construction project, including the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care; (7) The new institutional health service proposed is reasonably financially and physically accessible to the residents of the proposed service area; (8) The proposed new institutional health service has a positive relationship to the existing health care delivery system in the service area;

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(9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service; (10) The proposed new institutional health service provides, or would provide, a substantial portion of its services to individuals not residing in its defined service area or the adjacent service area; (11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need; (12) The proposed new institutional health service meets the clinical needs of health professional training programs which request assistance; (13) The proposed new institutional health service fosters improvements or innovations in the financing or delivery of health services, promotes health care quality assurance or cost effectiveness, or fosters competition that is shown to result in lower patient costs without a loss of the quality of care; (14) The proposed new institutional health service fosters the special needs and circumstances of health maintenance organizations; (15) The proposed new institutional health service meets the department's minimum quality standards, including, but not limited to, standards relating to accreditation, minimum volumes, quality improvements, assurance practices, and utilization review procedures; (16) The proposed new institutional health service can obtain the necessary resources, including health care personnel and management personnel; and (17) The proposed new institutional health service is an underrepresented health service, as determined annually by the department. The department shall, by rule, provide for an advantage to equally qualified applicants that agree to provide an underrepresented service in addition to the services for which the application was originally submitted. (b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the community for osteopathic services and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as otherwise recognizing any distinction between allopathic and osteopathic medicine. (b.1) In the case of applications for the construction, development, or establishment of a destination cancer hospital, the applicable considerations as to the need for such service shall not include paragraphs (l), (2), (3), (7), (8), (10), (ll), and (14) of subsection (a) of this Code section but shall include: (1) Paragraphs (4), (5), (6), (9), (12), (13), (15), (16), and (l7) of subsection (a) of this Code section; (2) That the proposed new destination cancer hospital can demonstrate, based on historical data from the applicant or its affiliated entities, that its annual patient base shall be composed of a minimum of 65 percent of patients who reside outside of the State of

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Georgia; (3) That the proposed new destination cancer hospital states its intent to provide uncompensated indigent or charity care which shall meet or exceed 3 percent of its adjusted gross revenues and provide care to Medicaid beneficiaries; (4) That the proposed new destination cancer hospital shall conduct biomedical or behavioral research projects or service development which is designed to meet a national or regional need; (5) That the proposed new destination cancer hospital shall be reasonably financially and physically accessible; (6) That the proposed new destination cancer hospital shall have a positive relationship to the existing health care delivery system on a regional basis; (6.1) That the proposed new destination cancer hospital shall enter into a hospital transfer agreement with one or more hospitals within a reasonable distance from the destination cancer hospital or the medical staff at the destination cancer hospital has admitting privileges or other acceptable documented arrangements with such hospital or hospitals to ensure the necessary backup for the destination cancer hospital for medical complications. The destination cancer hospital shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the destination cancer hospital with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement with the destination cancer hospital. In the event that a destination cancer hospital and another hospital cannot agree to the terms of a transfer agreement as required by this paragraph, the department shall mediate between such parties for a period of no more than 45 days. If an agreement is still not reached within such 45 day period, the parties shall enter into binding arbitration conducted by the department; (7) That an applicant for a new destination cancer hospital shall document in its application that the new facility is not predicted to be detrimental to existing hospitals within the planning area. Such demonstration shall be made by providing an analysis in such application that compares current and projected changes in market share and payor mix for such applicant and such existing hospitals within the planning area. Impact on an existing hospital shall be determined to be adverse if, based on the utilization projected by the applicant, such existing hospital would have a total decrease of 10 percent or more in its average annual utilization, as measured by patient days for the two most recent and available preceding calendar years of data; and (8) That the destination cancer hospital shall express its intent to participate in medical staffing work force development activities. (b.2) In the case of applications for basic perinatal services in counties where: ( 1) Only one civilian health care facility or health system is currently providing basic perinatal services; and (2) There are not at least three different health care facilities in a contiguous county providing basic perinatal services, the department shall not apply the consideration contained in paragraph (2) of

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subsection (a) of this Code section.

.

(c) If the denial of an application for a certificate of need for a new institutional health

service proposed to be offered or developed by a:

(l) Minority administered hospital facility serving a socially and economically

disadvantaged minority population in an urban setting; or

(2) Minority administered hospital facility utilized for the training of minority medical

practitioners would adversely impact upon the facility and population served by said facility, the special

needs of such hospital facility and the population served by said facility for the new

institutional health service shall be given extraordinary consideration by the department in

making its determination of need as required by this Code section. The department shall

have the authority to vary or modify strict adherence to the provisions of this chapter and

the rules enacted pursuant hereto in considering the special needs of such facility and its

population served and to avoid an adverse impact on the facility and the population served

thereby. For purposes of this subsection, the term 'minority administered hospital facility'

means a hospital controlled or operated by a governing body or administrative staff

composed predominantly of members of a minority race.

(d) For the purposes of the considerations contained in this Code section and in the

department's applicable rules, relevant data which were unavailable or omitted when the

state health plan or rules were prepared or revised may be considered in the evaluation of

a project.

(e) The department shall specify in its written findings of fact and decision which of the

considerations contained in this Code section and the department's applicable rules are

applicable to an application and its reasoning as to and evidentiary support for its

evaluation of each such applicable consideration and rule.

31-6-43. (a) At least 30 days prior to submitting an application for a certificate of need for clinical health services, a person shall submit a letter of intent to the department. The department shall provide by rule a process for submitting letters of intent and a mechanism by which applications may be filed to compete with and be reviewed comparatively with proposals described in submitted letters of intent. (b) Each application for a certificate of need shall be reviewed by the department and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the department shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The department shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The department shall also notify the appropriate regional development center

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and the chief elected official of the county and municipal governments, if any, in whose boundaries the prop.osed project will be located that the application is complete for review. Ifthe application does not comply with the rules governing the preparation and submission of applications, the department shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete forreview within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The department shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the department a significant amendment is filed. (c) The department shall specify by rule the time within which an applicant may amend its application. The department may request an applicant to make amendments. The department decision shall be made on an application as amended, if at all, by the applicant. (d) There shall be a time limit of 120 days for review of a project, beginning on the day the department declares the application complete for review or in the case of applications joined for comparative review, beginning on the day the department declares the final application complete. The department may adopt rules for determining when it is not practicable to complete a review in 120 days and may extend the review period upon written notice to the applicant but only for an extended period of not longer than an additional 30 days. The department shall adopt rules governing the submission of additional information by the applicant and for opposing an application. (e) To allow the opportunity for comparative review of applications, the department may provide by rule for applications for a certificate of need to be submitted on a timetable or hatching cycle basis no less often than two times per calendar year for each clinical health service. Applications for services, facilities, or expenditures for which there is no specified hatching cycle may be filed at any time. (f) The department may order the joinder of an application which is determined to be complete by the department for comparative review with one or more subsequently filed applications declared complete for review during the same hatching cycle when:
(I) The first and subsequent applications involve similar clinical health service projects in the same service area or overlapping service areas; and (2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review. Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The department shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for department action for all of the applicants

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shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the department may award no certificate of need or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the department's applicable rules, and the award of which will best satisfy the purposes of this chapter. (g) The department shall review the application and all written information submitted by the applicant in support of the application and all information submitted in opposition to the application to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 and in the department's applicable rules. During the course of the review, the department staff may request additional information from the applicant as deemed appropriate. Pursuant to rules adopted by the department, a public hearing on applications covered by those regulations may be held prior to the date of the department's decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the department. Any interested person may submit information to the department concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission. (b) The department shall provide the applicant an opportunity to meet with the department to discuss the application and to provide an opportunity to submit additional information. Such additional information shall be submitted within the time limits adopted by the department. The department shall also provide an opportunity for any party that is opposed to an application to meet with the department and to provide additional information to the department. In order for an opposing party to have standing to appeal an adverse decision pursuant to Code Section 31-6-44, such party must attend and participate in an opposition meeting. (i) Unless extended by the department for an additional period of up to 30 days pursuant to svbsection (d) of this Code section, the department shall, no later than 120 days after an application is determined to be complete for review, or, in the event ofjoined applications, 120 days after the last application is declared complete for review, provide written notification to an applicant of the department's decision to issue or to deny issuance of a certificate of need for the proposed project. Such notice shall contain the department's written findings of fact and decision as to each applicable consideration or rule and a detailed statement ofthe reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The department shall also mail such notification to the appropriate regional development center and the chief elected official ofthe county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the Certificate of Need Appeal Panel in accordance with this chapter. Within seven days of the decision, the department shall publish notice of its decision to grant or deny an application in the same manner as it publishes notices of the filing of an application.

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U) Should the department fail to provide written notification of the decision within the time limitations set forth in this Code section, an application shall be deemed to have been approved as of the one hundred twenty-first day following notice from the department that an application, or the last of any applications joined pursuant to subsection(f) of this Code section, is declared 'complete for review.' (g) Notwithstanding other provisions of this article, when the Governor has declared a state of emergency in a region of the state, existing health care facilities in the affected region may seek emergency approval from the department to make expenditures in excess of the capital expenditure threshold or to offer services that may otherwise require a certificate of need. The department shall give special expedited consideration to such requests and may authorize such requests for good cause. Once the state of emergency has been lifted, any services offered by an affected health care facility under this subsection shall cease to be offered until such time as the health care facility that received the emergency authorization has requested and received a certificate of need. For purposes of this subsection, 'good cause' means that authorization of the request shall directly resolve a situation posing an immediate threat to the health and safety of the public. The department shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations.

31-6-44. (a) Effective July 1, 2008, there is created the Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers. The purpose of the appeal panel shall be to serve as a panel of independent hearing officers to review the department's initial decision to grant or deny a certificate ofneed application. The Health Planning Review Board which existed on June 30,2008, shall cease to exist after that date and the Certificate of Need Appeal Panel shall be constituted effective July 1, 2008, pursuant to this Code section. The terms of all members of the Health Planning Review Board serving as such on June 30, 2008, shall automatically terminate on such date. (b) On and after July I, 2008, the appeal panel shall be composed of five members appointed by the Governor for a term of up to four years each. The Governor shall appoint to the appeal panel attorneys who practice law in this state and who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. Each member of the appeal panel shall be an active member of the State Bar of Georgia in good standing, and each attorney shall have maintained such active status for the five years immediately preceding such person's appointment. The Governor shall name from among such members a chairperson and a vice chairperson of the appeal panel. The vice chairperson shall have the same authority as the chairperson; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson

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becomes incapacitated, as determined by the Governor. Vacancies on the appeal panel caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor
to the appeal panel. (c) The appeal panel shall promulgate reasonable rules for its operation and rules of procedure for the conduct of initial administrative appeal hearings held by the appointed hearing officers, including an appropriate fee schedule for filing such appeals. Members of the appeal panel shall serve as hearing officers for appeals that are assigned to them on a random basis by the chairperson of the appeal panel. The members of the appeal panel shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials; provided, however, that the chairperson and vice chairperson of the appeal panel shall also be compensated for their services rendered to the appeal panel outside ofattendance at an appeal panel meeting, such as for time spent assigning hearing officers, the amount of which compensation shall be determined according to regulations ofthe Department ofAdministrative Services. Appeal panel members shall receive compensation for the administration of the cases assigned to them, including prehearing, hearing, and posthearing work, in an amount determined to be appropriate and reasonable by the Department of Administrative Services. Such compensation to the members of the appeal panel shall be made by the Department of Administrative Services. (d) Any applicant for a project, any competing applicant in the same hatching cycle, any competing health care facility that has notified the department prior to its decision that such facility is opposed to the application before the department, or any county or municipal government in whose boundaries the proposed project will be located who is aggrieved by a decision ofthe department shall have the right to an initial administrative appeal hearing before an appeal panel bearing officer or to intervene in such hearing. Such request for bearing or intervention shall be filed with the chairperson of the appeal panel within 30 days of the date of the decision made pursuant to Code Section 31-6-43. In the event an appeal is filed by a competing applicant, or any competing health care facility, or any county or municipal government, the appeal shall be accompanied by payment of such fee as is established by the appeal panel. In the event an appeal is requested, the chairperson of the appeal panel shall appoint a hearing officer for each such hearing within 30 days after the date the appeal is received. Within 14 days after the appointment of the hearing officer, such hearing officer shall confer with the parties and set the date or dates for the hearing, provided that no hearing shall be scheduled less than 60 days nor more than 120 days after the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. Unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of said 120 day period, any hearing officer who

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regularly fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing. (e) In fulfilling the functions and duties of this chapter, the hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the department in making its decision shall be public records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing. (f) In addition to evidence submitted to the department, a party may present any additional relevant evidence to the appeal panel hearing officer reviewing the decision of the department if the evidence was not reasonably available to the party presenting the evidence at the time of the department's review. The burden of proof as to whether the evidence was reasonably available shall be on the party attempting to introduce the new evidence. The issue for the decision by the hearing officer shall be whether, and the hearing officer shall order the issuance of a certificate of need if, in the hearing officer's judgment, the application is consistent with the considerations as set forth in Code Section 31-6-42 and the department's rules, as the hearing officer deems such considerations and rules applicable to the review of the project. The appeal hearing conducted by the appeal panel hearing officer shall be a de novo review of the decision of the department. The hearing officer shall also consider:
(I) Whether the department committed prejudicial procedural error in its consideration of the application; (2) Whether the appeal lacks substantial justification; and (3) Whether such appeal was undertaken primarily for the purpose of delay or harassment. The burden of proof shall be on the appellant. Appellants or applicants shall proceed first with their cases before the hearing officer in the order determined by the hearing officer, and the department, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined for comparative review pursuant to subsection(f) of Code Section 31-6-43, the hearing officer shall have the same powers specified for the department in subsection (f) of Code Section 31-6-43 to order the issuance of no certificate of need or one or more certificates of need. (g) All evidence shall be presented at the initial administrative appeal hearing conducted by the appointed hearing officer. A party or intervenor may present any relevant evidence on all issues raised by the hearing officer or any party to the hearing or revealed during

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discovery and shall not be limited to evidence or information presented to the department prior to its decision, except that an applicant may not present a new need study or analysis responsive to the general need consideration or service-specific need formula as provided in the applicable rules that is substantially different from any such study or analysis submitted to the department prior to its decision and that could have reasonably been available for submission. The hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations or rules. The hearing officer shall consider the applicable considerations and rules in effect on the date the appeal is filed, even if the provisions of those considerations or rules were changed after the department's decision. The hearing officer may remand a matter to the department if the hearing officer determines that it would be beneficial for the department to consider new data, studies, or analyses that were not available before the decision or changes to the provisions of the applicable considerations or rules made after the department's decision. The hearing officer shall establish the time deadlines for completion of the remand and shall retain jurisdiction of the matter throughout the completion of the remand. (h) After the issuance of a decision by the department pursuant to Code Section 31-6-43, no party to an appeal hearing, nor any person on behalf of such party, including the department, shall make any ex parte contact with the appeal panel hearing officer appointed to conduct the appeal hearing, any other member of the appeal panel, or the commissioner in regard to a decision under appeal. (i) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions oflaw as to each consideration as set forth in Code Section 31-6-42 and the department's rules, including a detailed statement of the reasons for the decision of the hearing officer. If any party has alleged that an appeal lacks substantial justification or was undertaken primarily for the purpose ofdelay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. The hearing officer shall file such decision with the chairperson of the appeal panel who shall serve such decision upon all parties, and shall transmit the administrative record to the commissioner. Any party, including the department, which disputes any fmding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision may appeal to the commissioner and shall file its specific objections with the commissioner or his or her designee within 30 days of of the date of the hearing officer's decision pursuant to rules adopted by the department. (j) The decision of the appeal panel hearing officer will become the final decision of the department upon the sixty-first day following the date of the decision unless an objection thereto is filed with the commissioner within the time limit established in subsection(i) of this Code section.
(k)(l) In the event an appeal of the hearing officer's decision is filed, the commissioner may adopt the hearing officer's order as the final order of the department or the

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commissioner may reject or modify the conclusions oflaw over which the department has substantive jurisdiction and the interpretation of administrative rules over which it has substantive jurisdiction. By rejecting or modifying such conclusion of law or interpretation of administrative rule, the department must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The commissioner may not reject or modify the findings of fact unless the commissioner first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon any competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. (2) If, before the date set for the commissioner's decision, application is made to the commissioner for leave to present additional evidence and it is shown to the satisfaction of the commissioner that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the hearing officer, the commissioner may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon conditions determined by the commissioner. The hearing officer may modify the initial decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the commissioner. Unless leave is given by the commissioner in accordance with the provisions of this subsection, the appeal panel may not consider new evidence under any circumstances. In all circumstances, the commissioner's decision shall be based upon considerations as set forth in Code Section 31-6-42 and the department's rules. (I) If, based upon the findings of fact by the hearing officer, the commissioner determines that the appeal filed by any party of a decision of the department lacks substantial justification and was undertaken primarily for the purpose of delay or harassment, the commissioner may enter an award in his or her written order against such party and in favor of the successful party or parties, including the department, of all or any part of their respective reasonable and necessary attorney's fees and expenses of litigation, as the commissioner deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made. (m) Unless the hearing officer's decision becomes the department's final decision by operation of law as provided in subsection (j) of this Code section, the decision of the commissioner shall become the department's final decision by operation oflaw. Such final decision shall be the final department decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the department

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pursuant to Code Section 31-6-43 which involve the approval or denial of applications for
certificates of need. (n) A party responding to an appeal to the commissioner may be entitled to reasonable attorney's fees and costs of such appeal if it is determined that the appeal lacked substantial justification and was undertaken primarily for the purpose of delay or harassment; provided, however, that the department shall not be required to pay attorney's fees or costs. This subsection shall not apply to the portion of attorney's fees accrued on behalf of a party responding to or bringing a challenge to the department's authority to enact a rule or regulation or the department's jurisdiction or another challenge that could not have been decided in the administrative proceeding, nor shall it apply to costs accrued when the only argument raised by the appealing party is one described in this subsection.

31-6-44.1 (a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise modified by this Code section; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the commissioner or the administrative findings, inferences, and conclusions contained in the final decision are:
(I) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (b) In the event a party seeks judicial review, the department shall, within 30 days of the filing of the notice of appeal with the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed. The case so appealed may then be brought by either party upon ten days written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 120 days of the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 120 days has been continued to a date certain

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by order of the court. In the event a hearing is held later than 90 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days after the date of the continued hearing. If a case is heard within 120 days from the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation oflaw if no order ofthe court dispositive of the issues on appeal has been entered within 30 days of the date of the hearing. (c) A party responding to an appeal to the superior court shall be entitled to reasonable attorney's fees and costs if such party is the prevailing party of such appeal as decided by final order; provided, however, the department shall not be required to pay attorney's fees or costs. This subsection shall not apply to the portion of attorney's fees accrued on behalf ofa party responding to or bringing a challenge to the department's authority to enact a rule or regulation or the department's jurisdiction or another challenge that could not have been raised in the administrative proceeding.

31-6-45. (a) The department may revoke a certificate of need, in whole or in part, after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the following reasons:
(1) Failure to comply with the provisions of Code Section 31-6-41; (2) The intentional provision of false information to the department by an applicant in that applicant's application; (3) Repeated failure to pay any fines or moneys due to the department; (4) Failure to maintain minimum quality of care standards that may be established by the department; (5) Failure to participate as a provider of medical assistance for Medicaid purposes pursuant to Code Section 31-6-45.2 or any other applicable Code section; (6) The failure to submit a timely or complete report within 180 days following the date the report is due pursuant to Code Section 31-6-70; or (7) Failure of a destination cancer hospital to meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state for three calendar years in any five-year period. The department may not, however, revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, including, but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules applied in the evaluation of the project. (a.1) The department may revoke a certificate of need, in whole or in part, after notice to



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the holder of the certificate and a fair hearing pursuant to Chapter I3 of Title 50, the 'Georgia Administrative Procedure Act,' if the services or units of services for which the certificate of need was issued are not implemented in a timely manner, as established by the department in its rules. This subsection shall apply only to certificates of need issued
on or after July 1, 2008. (b) Any health care facility offering a new institutional health service without having obtained a certificate of need and which has not been previously licensed as a health care facility shall be denied a license to operate. (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need as required by this chapter, or the certificate of need for such service is revoked according to the provisions of this Code section, a facility or applicant may be fined an amount of $5,000.00 per day up to 30 days, $10,000.00 per day from 31 days through 60 days, and $25,000.00 per day after 60 days for each day that the violation of this chapter has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is denied shall not be a violation of this chapter and shall not be subject to such a fine. The commissioner of the department shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of Georgia, acting by and through the department, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter. (e) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether all provisions ofthis Code section or any other law, rule, regulation, or formal order relating to the provisions of Code Section 31-6-40 has been violated. Such investigations may be initiated at any time in the discretion of the department and may continue during the pendency of any action initiated by the department pursuant to subsection (a) of this Code section. For the purpose of conducting any investigation or inspection pursuant to this subsection, the department shall have the authority, upon providing reasonable notice, to require the production of any books, records, papers, or other information related to any certificate of need issue.

31-6-45.1. (a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the department when that facility's permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the department. For purposes ofthis subsection, the date of such final revocation shall be as follows:

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(1) When there is no appeal of the order pursuant to Chapter 5 of this title, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of this title, the date upon which expires the time to appeal the last administrative or judicial order affirming or approving the revocation or revocation order without such appeal being filed. (b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code section may continue to be offered in the service area in which that facility was located under such conditions as specified by the department notwithstanding that some or all of such services could not otherwise be offered as new institutional health services.

31-6-45.2. (a) The department may require that any applicant for a certificate of need agree to participate as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49. (b) Any proposed or existing health care facility which obtains a certificate of need on or after April 6, 1992, based in part upon assurances that it will participate as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance or violates any conditions imposed by the department relating to such participation, shall be subject to a monetary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need application and the amount actually provided and may be subject to revocation of its certificate of need by the department pursuant to Code Section 31-6-45; provided, however, that this Code section shall not apply if:
(1) The proposed or existing health care facility's certificate of need application was approved by the Health Planning Agency prior to April6, 1992, and the Health Planning Agency's approval of such application was under appeal on or after April 6, 1992, and the Health Planning Agency's approval of such application is ultimately affirmed; (2) Such facility's participation as a provider of medical assistance is terminated by the state or federal government; or (3) Such facility establishes good cause for terminating its participation as a provider of medical assistance. For purposes of this Code section, 'good cause' shall mean:
(A) Changes in the adequacy of medical assistance payments, as defined in paragraph (5) of Code Section 49-4-141, provided that at least 10 percent of the facility's utilization during the preceding 12 month period was attributable to services to recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance payments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the cost report for the preceding full 12 month period filed by such facility

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pursuant to the state plan as defined in paragraph (8) of Code Section 49-4-141 which are allowed under the state plan for purposes of determining such facility's reimbursement rate for medical assistance and the aggregate amount of such facility's medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facility's Medicaid costs for such period. Medicaid costs shall be determined by multiplying the allowable costs set forth in the cost report, less any audit adjustments, by the percentage of the facility's utilization during the cost reporting period which was attributable to recipients of medical
assistance; (B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or (C) Changes in the state plan, statutes, or rules and regulations governing providers of medical assistance which impose substantial new obligations upon the facility which are not reimbursed by Medicaid and which adversely affect the financial viability of the facility in a substantial manner. (c) A facility seeking to terminate its enrollment as a provider of medical assistance shall submit a written request to the department documenting good cause for termination. The department shall grant or deny the facility's request within 30 days. If the department denies the facility's request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the department pursuant to the provisions of Code Section 49-4-153 within 30 days of the department's decision. (d) The imposition of the monetary penalty provided in this Code section shall commence upon the date that said facility has terminated its participation as a provider of medical assistance, as determined by the commissioner. The monetary penalty shall be levied and collected by the department on an annual basis for every year in which the facility fails to participate as a provider of medical assistance. Penalties authorized under this Code section shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45.

31-6-46. The department shall prepare and submit an annual report to the board and to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the department at any time, including a period in which the General Assembly is not in regular session. The annual report shall include information and updates relating to the state health plan and the certificate of need program and an annual analysis ofproactive and prospective approaches to need methodologies and access to health care services. The annual report shall include information for Georgia's

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congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care.

31-6-47. (a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to:
(I) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agencies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in paragraph (3) or (7) of subsection (a) of Code Section 31-6-40; (5) Religious, nonmedical health care institutions as defined in 42 U.S.C. 1395x (ss)(l), listed and certified by a national accrediting organization; (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a certificate of need application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need; (8) The commitment of funds conditioned upon the obtaining of a certificate of need; (9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a:
(A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of this title; (9.I) Expenditures for the restructuring of or for the acquisition by stock or asset purchase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acquisition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection; (I 0) Expenditures ofless than $870,000.00 for any minor or major repair or replacement of equipment by a health care facility that is not owned by a group practice of physicians or a hospital and that provides diagnostic imaging services if such facility received a letter ofnonreviewability from the department prior to July 1, 2008. This paragraph shall not apply to such facilities in rural counties; (10.1) Except as provided in paragraph (10) of this subsection, expenditures for the minor or major repair of a health care facility or a facility that is exempt from the

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requirements ofthis chapter, parts thereofor services provided or equipment used therein; or the replacement of equipment, including but not limited to CT scanners previously approved for a certificate of need; (11) Capital expenditures otherwise covered by this chapter required solely to eliminate or prevent safety hazards as defined by federal, state, or local fire, building, environmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the department, or to comply with accreditation standards of the Joint Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau ofthe Census of the Department of Commerce, of the United States government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need review, except where such transfer results in the institution of a new clinical health service for which a certificate of need is required in the facility acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the department pursuant to federal law; (15) Increases in the bed capacity of a hospital up to ten beds or I 0 percent of capacity, whichever is greater, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 75 percent for the previous 12 month period; (16) Expenditures for nonclinical projects, including parking lots, parking decks, and other parking facilities; computer systems, software, and other information technology; medical office buildings; and state mental health facilities; (17) Continuing care retirement communities, provided that the skilled nursing component of the facility is for the exclusive use of residents of the continuing care retirement community and that a written exemption is obtained from the department; provided, however, that new sheltered nursing home beds may be used on a limited basis by persons who are not residents of the continuing care retirement community for a period up to five years after the date of issuance of the initial nursing home license, but such beds shall not be eligible for Medicaid reimbursement. For the first year, the continuing care retirement community sheltered nursing facility may utilize not more than SO percent of its licensed beds for patients who are not residents of the continuing care retirement community. In the second year of operation, the continuing care retirement community shall allow not more than 40 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the third year of operation, the continuing care retirement community shall allow not more than

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30 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fourth year of operation, the continuing care retirement community shall allow not more than 20 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fifth year of operation, the continuing care retirement community shall allow not more than I 0 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. At no time during the first five years shall the continuing care retirement community sheltered nursing facility occupy more than 50 percent of its licensed beds with patients who are not residents under contract with the continuing care retirement community. At the end ofthe five-year period, the continuing care retirement community sheltered nursing facility shall be utilized exclusively by residents of the continuing care retirement community, and at no time shall a resident ofa continuing care retirement community be denied access to the sheltered nursing facility. At no time shall any existing patient be forced to leave the continuing care retirement community to comply with this paragraph. The department is authorized to promulgate rules and regulations regarding the use and definition of 'sheltered nursing facility' in a manner consistent with this Code section. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party; (18) Any single specialty ambulatory surgical center that:
(A)(i) Has capital expenditures associated with the construction, development, or other establishment ofthe clinical health service which do not exceed $2,500,000.00; or (ii) Is the only single specialty ambulatory surgical center in the county owned by the group practice and has two or fewer operating rooms; provided, however, that a center exempt pursuant to this paragraph shall be required to obtain a certificate of need in order to add any additional operating rooms; (B) Has a hospital affiliation agreement with a hospital within a reasonable distance from the facility or the medical staff at the center has admitting privileges or other acceptable documented arrangements with such hospital to ensure the necessary backup for the center for medical complications. The center shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the facility with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement or affiliation agreement to the center; (C)(i) Provides care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provides uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the center is not a participant in Medicaid or the PeachCare for Kids Program, provides uncompensated care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries,

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uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue; provided, however, single specialty ambulatory surgical centers owned by physicians in the practice of ophthalmology shall not be required to comply with this subparagraph; and (D) Provides annual reports in the same manner and in accordance with Code Section
31-6-70. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fines or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (19) Any joint venture ambulatory surgical center that:
(A} Has capital expenditures associated with the construction, development, or other establishment of the clinical health service which do not exceed $5,000,000.00;
(B)(i) Provides care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provides uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the center is not a participant in Medicaid or the PeachCare for Kids Program, provides uncompensated care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue; and (C) Provides annual reports in the same manner and in accordance with Code Section 31-6-70.

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Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fines or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July I, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (20) Expansion of services by an imaging center based on a population needs methodology taking into consideration whether the population residing in the area served by the imaging center has a need for expanded services, as determined by the department in accordance with its rules and regulations, if such imaging center:
(A) Was in existence and operational in this state on January 1, 2008; (B) Is owned by a hospital or by a physician or a group of physicians comprising at least 80 percent ownership who are currently board certified in radiology; (C) Provides three or more diagnostic and other imaging services; (D) Accepts all patients regardless of ability to pay; and (E) Provides uncompensated indigent and charity care in an amount equal to or greater than the amount of such care provided by the geographically closest general acute care hospital; provided, however, this paragraph shall not apply to an imaging center in a rural county; (21) Diagnostic cardiac catheterization in a hospital setting on patients 15 years of age and older; (22) Therapeutic cardiac catheterization in hospitals selected by the department prior to July 1, 2008, to participate in the Atlantic Cardiovascular Patient Outcomes Research Team (C-PORT) Study and therapeutic cardiac catheterization in hospitals that, as determined by the department on an annual basis, meet the criteria to participate in the C-PORT Study but have not been selected for participation; provided, however, that if the criteria requires a transfer agreement to another hospital, no hospital shall

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unreasonably deny a transfer agreement to another hospital; (23) Infirmaries or facilities operated by, on behalf of, or under contract with the Department of Corrections or the Department of Juvenile Justice for the sole and exclusive purpose of providing health care services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution, including correctional institutions operated by private entities in this state which house inmates under the Department of Corrections or the Department of Juvenile Justice; (24) The relocation of any skilled nursing facility or intermediate care facility within the same county, any other health care facility in a rural county within the same county, and any other health care facility in an urban county within a three-mile radius of the existing facility so long as the facility does not propose to offer any new or expanded clinical health services at the new location; (25) Facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-l; and (26) Capital expenditures for a project otherwise requiring a certificate of need ifthose expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and:
(A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Community Health; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and
(B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility.
(b) By rule, the department shall establish a procedure for expediting or waiving reviews of certain projects the nonreview of which it deems compatible with the purposes of this chapter, in addition to expenditures exempted from review by this Code section.

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31-6-47.1. The department shall require prior notice from a new health care facility for approval of any activity which is believed to be exempt pursuant to Code Section 31-6-47 or excluded from the requirements of this chapter under other provisions of this chapter. The department may require prior notice and approval of any activity which is believed to be exempt pursuant to paragraphs (I 0), (15), (16), (17), (20), (21 ), (23), (25), and (26) of subsection (a) of Code Section 31-6-47. The department shall be authorized to establish timeframes, forms, and criteria relating to its certification that an activity is properly exempt or excluded under this chapter prior to its implementation. The department shall publish notice of all requests for approval of an exempt activity and opposition to such request. Persons opposing a request for approval of an exempt activity shall be entitled to file an objection with the department and the department shall consider any filed objection when determining whether an activity is exempt. After the department's decision, an opposing party shall have the right to a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' on an adverse decision of the department and judicial review of a final decision in the same manner and under the same provisions as in Code Section 31-6-44.1.

31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to July I, 1983, are abolished, and their respective successors on and after July I, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council, and except that on and after July 1, 1999, the Department of Community Health shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health shall be the successor to the duties of the Health Strategies Council with respect to adoption of the state health plan, and except that on June 30, 2008, the Health Planning Review Board is abolished and the terms of all members on such board on such date shall automatically terminate and the Certificate of Need Appeal Panel shall be the successor to the duties of the Health Planning Review Board on such date. For purposes of any existing contract with the federal government, or federal law referring to such abolished ager.cy, council, or board, the successor department, council, or board established in this chapter or in Chapter 5A of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished.

31-6-49. All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be

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transferred to the Department of Community Health on July I, 1999. All matters of the Health Planning Review Board that are pending on June 30, 2008, shall automatically be transferred to the Certificate of Need Appeal Panel established pursuant to Code Section
31-6-44.

31-6-50. The review and appeal considerations and procedures set forth in Code Sections 31-6-42 through 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the federal Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the Health Planning Agency or on appeal before the Certificate of Need Appeal Panel, successor to the former Health Planning Review Board as of June 30, 2008.
ARTICLE 4

31-6-70. (a) There shall be required from each health care facility in this state requiring a certificate of need and all ambulatory surgical centers and imaging centers, whether or not exempt from obtaining a certificate of need under this chapter, an annual report of certain health care information to be submitted to the department. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year. (b) The report required under subsection (a) of this Code section shall contain the following information:
(1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons:
(A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the health care facility by county of residence. (c) As used in subsection (b) of this Code section, 'indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent of the

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federal poverty guideline. (d) The department shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section.
(e)( 1) In the event the department does not receive information responsive to subparagraph (c)(2)(A) of Code Section 31-6-40 by December 30,2008, or an annual report from a health care facility requiring a certificate of need or an ambulatory surgical center or imaging center, whether or not exempt from obtaining a certificate of need under this chapter, on or before the date such report was due or receives a timely but incomplete report, the department shall notify the health care facility or center regarding the deficiencies and shall be authorized to fine such health care facility or center an amount not to exceed $500.00 per day for every day up to 30 days and $1,000.00 per day for every day over 30 days for every day of such untimely or deficient report. (2) In the event the department does not receive an annual report from a health care facility within 180 days following the date such report was due or receives a timely but incomplete report which is not completed with such 180 days, the department shall be authorized to revoke such health care facility's certificate of need in accordance with Code Section 31-6-45. (f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the annual report required by subsection (a) of this Code section."

PART II Transfer of Licensing Functions from the Department of Human Resources to the Department of Community Health.

SECTION 2-1. Code Section 19-1 OA-2, relating to the definition of "medical facility" for purposes of the "Safe Place for Newborns Act of 2002," is amended as follows:
"19-IOA-2. As used in this chapter, the term 'medical facility' shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is classified by the Department of Community Health as a birthing center, but shall not mean physicians' or dentists' private offices.n

SECTION 2-2. Code Section 20-3-476, relating to the authorization and administration of a loan program for attendance at colleges of osteopathic medicine, is amended by revising subsection (e) as follows:
"(e) Loans made pursuant to this subpart shall be conditioned upon the recipients'

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agreements in writing to repay the loans in services to the public through the practice of primary care medicine in an area of the state that is approved by the authority for purposes of this subpart as being a medically underserved area or in a hospital or facility operated by or under the jurisdiction of the Department of Community Health or the Department of Corrections. Loans shall bear interest at the rate of 12 percent per annum from each date of disbursement of loan proceeds by the authority. For each year of practice by a loan recipient of primary care medicine in an authority approved area, hospital, or facility, the loan recipient shall be given credit for repayment ofloan amounts received by the recipient under this subpart for one academic year of study or its equivalent as a full-time student. To the extent that loans made under this subpart are repaid in approved services rendered, all interest due the authority on such loans shall likewise be canceled. Loans made under this subpart that are not repaid in approved services rendered shall, together with interest thereon, be repaid to the authority in cash at times prescribed by the authority. Each applicant shall, before receiving the proceeds of a loan, enter into a written agreement with the authority, execute a promissory note, or sign such other documents as may be required by the authority, the terms and conditions of which shall be in accordance with and designed to accomplish the purposes of this subpart."

SECTION 2-3. Code Section 20-3-513, relating to determination of amount of medical scholarships by the State Medical Education Board, is amended as follows:
'20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount ofthe loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction ofthe Department of Community Health or at any facility operated by or under

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the jurisdiction of the Department of Con-ections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount."

SECTION 2-4. Code Section 24-9-47, relating to disclosure of AIDS confidential information as evidence, is amended by revising paragraph (1) of subsection (h) as follows:
"(h)(l) An administrator of an institution licensed as a hospital by the Department of Community Health or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources:
(A) The name and address of that patient; (B) That such patient has been determined to be infected with HIV; and (C) The name and address of any other person whom the disclosing physician or administrator reasonably believes to be a person at risk of being infected with HIV by that patient.'

SECTION 2-5. Code Section 24-10-70, relating to definitions relative to production of medical records as evidence, is amended by revising paragraph (I) as follows:
"(I) 'Institution' shall have the meaning set forth in paragraph (4) of Code Section 31-7-1 and shall also include a psychiatric hospital as defined in paragraph (7) of Code Section 37-3-1.'

SECTION 2-6. Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, is amended by revising subparagraph (b)(1)(J) as follows:
'(J) Personal care homes required to be licensed as such by the Department of Community Health and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he deems this necessary for proper fire safety.'

SECTION 2-7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-1-1, relating to definitions relative to general health provisions, as follows:

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'31-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1} 'Board' means the Board of Human Resources. (2} 'Commissioner' means the commissioner of human resources.
(3} 'Department' means the Department of Human Resources.'

SECTION 2-8. Said title is further amended in Code Section 31-7-1, relating to definitions relative to the regulation of hospitals and related institutions, as follows:
'31-7-1. As used in this chapter, the term:
(1) 'Board' means the Board of Community Health. (2} 'Commissioner' means the commissioner of community health. (3) 'Department' means the Department of Community Health. (4) 'Institution' means:
(A} Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home; (B) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed; (C) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center; (D) Any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities; (E) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the department as a birthing center; (F) Any building or facility which is devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1; or (G) Any freestanding imaging center where magnetic resonance imaging, computed tomography (CT} scanning, positron emission tomography (PET} scanning, positron emission tomography/computed tomography, and other advanced imaging services as defmed by the department by rule, but not including X-rays, fluoroscopy, or ultrasound services, are conducted in a location or setting not affiliated or attached to a hospital or

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in the offices of an individual private physician or single group practice of physicians and conducted exclusively for patients of that physician or group practice. The term 'institution' shall exclude all physicians' and dentists' private offices and treatment rooms in which such physicians or dentists primarily see, consult with, and treat patients. (5) 'Medical facility' means any licensed general hospital, destination cancer hospital, or specialty hospital, institutional infirmary, public health center, or diagnostic and treatment center. (6) 'Permit' means a permit issued by the department upon compliance with the rules and regulations of the department. (7) 'Provisional permit' means a permit issued on a conditional basis for one of the following reasons: (A) To allow a newly established institution a reasonable but limited period of time to demonstrate that its operational procedures equal standards specified by the rules and regulations of the department; or (B) To allow an existing institution a reasonable length of time to comply with rules and regulations, provided the institution shall present a plan of improvement acceptable to the department.'

SECTION 2-9. Said title is further amended by revising Code Section 31-7-2.1, relating to rules and regulations relative to the regulation of hospitals and related institutions, as follows:
'(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality ofbuilding, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall include detailed quality standards for specific clinical services which shall be required to be met by an institution prior to offering the particular service. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid-eligible patients and private-pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare-eligible patients and all private-pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection. (b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and

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information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request. (c) Except as provided in Code Sections 31-8-86 and 31-5-5, all worksheets or documents prepared or compiled by department surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Section 1396r or Code Section 31-2-6; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Centers for Medicare and Medicaid Services. The department may charge a reasonable reproduction fee as provided in Code Section 50-18-70 et seq.'

SECTION 2-10. Said title is further amended by revising subsection (a) of Code Section 31-7-3, relating to requirements for permits to operate a health care institution, as follows:
'(a) Any person or persons responsible for the operation of any institution, or who may hereafter propose to establish and operate an institution and to provide specified clinical services, shall submit an application to the department for a permit to operate the institution and provide such services, such application to be made on forms prescribed by the department. No institution shall be operated in this state without such a permit, which shall be displayed in a conspicuous place on the premises. No clinical services shall be provided by an institution except as approved by the department in accordance with the rules and regulations established pursuant to Code Section 31-7-2.1. Failure or refusal to file an application for a permit shall constitute a violation of this chapter and shall be dealt with as provided for in Article 1 of Chapter 5 of this title. Following inspection and classification of the institution for which a permit is applied for, the department may issue or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the department. Upon conclusion of the Atlantic Cardiovascular Patient Outcomes Research Team (C-PORT) Study, the department shall consider and analyze the data and conclusions of the study and promulgate rules pursuant to Code Section 31-7-2.1 to regulate the quality of care for therapeutic cardiac catheterization. All hospitals that participated in the study and are exempt from obtaining a certificate of need based on paragraph (22) of subsection (a) of Code Section 31-6-47 shall apply for a permit to continue providing therapeutic cardiac catheterization services once the department promulgates the rules required by this Code section.'

SECTION 2-11. Said title is further amended by revising Code Section 31-7-4, relating to denial or revocation of permits, as follows:

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'31-7-4. The department may refuse to grant a permit as provided for in Code Section 31-7-3 for the operation of any institution that does not fulfill the minimum requirements which the department may prescribe by rules and regulations, may revoke a permit which has been issued if an institution violates any of such rules and regulations, and may revoke a portion of a permit which has been issued as it relates to a specific clinical service if the quality standards established by the department pursuant to Code Section 31-7-2.1 for such clinical service are not met; provided, however, that before any order is entered refusing a permit applied for or revoking a permit previously granted, the applicant or permit holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Article I of Chapter 5 of this title. All appeals from such orders and all rights of enforcement by injunction shall be governed by Article I of Chapter 5 of this title.'

SECTION 2-12. Said title is further amended by revising Code Section 31-7-5, relating to exemptions from permit requirements to operate a health care institution, as follows:
'31-7-5. Code Section 31-7-3 shall not apply to the offices of physicians or others practicing the healing arts unless the facilities and services described in paragraph (4) of Code Section 31-7-I are provided therein; nor shall this chapter apply to institutions operated exclusively by the federal government or by any of its agencies.'

SECTION 2-13. Said title is further amended by revising subsection (a) of Code Section 31-7-9, relating to reports by physicians and other personnel of nonaccidental injuries to patients, as follows:
'(a) As used in this Code section, the term 'medical facility' includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph(C) of paragraph (4) of Code Section 31-7-1 and a freestanding imaging center defined in subparagraph (G) of paragraph (4) of Code Section 31-7-1.'

SECTION 2-14. Said title is further amended by inserting a new Code Section to read as follows:
'31-7-17. (a) Effective July I, 2009, all matters relating to the licensure and regulation of hospitals and related institutions pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30,2009, or scheduled to go into effect on or after July I, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this

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Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July I, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none ofthese rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer ofthe functions to the Department ofCommunity Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July I, 2009, become employees of the Department ofCommunity Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July I, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not .be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30,2009, shall be retained by said employees as employees of the Department of Community Health.

SECTION 2-15. Said title is further amended in Code Section 31-7-150, relating to definitions relative to home health agencies, by adding a new paragraph to read as follows:
'(1.1) 'Department' means the Department of Community Health.'

SECTION 2-16. Said title is further amended in Code Section 31-7-155, relating to certificates of need for new service or extending service area, as follows:

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'31-7-155. (a) No home health agency initiating service or extending the range of its service area shall be licensed unless the department determines, in accordance with Article 3 of Chapter 6 of this title and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July I, 1979, and were certified for participation in either Title XVIII or Title XIX of the federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by such home health agencies. Such exemption from a certificate of need shall extend to all areas in which a home health agency was licensed by the department to provide services on or before December 31, 1989, except as provided in subsection (b) of this Code section. (b) Concerning an exemption from a certificate of need pursuant to subsection (a) of this Code section, service areas which were the subject of litigation pending in any court of competent jurisdiction, whether by way of appeal, remand, stay, or otherwise, as of December 31, 1989, shall not be so exempt except as set forth in the final unappealed administrative or judicial decision rendered in such litigation. (c) Except with respect to a home health agency's service areas which were the subject of litigation pending in any court of competent jurisdiction as of December 31, 1989, the department shall not consider any request for or issue a determination of an exemption from a certificate of need pursuant to this Code section after December 31, 1989.'

SECTION 2-17. Said title is further amended by inserting a new Code Section to read as follows:
'31-7-159. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of home health agencies pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July I, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July I, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these

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rights, privileges, entitlements, and duties are impaired or diminished by reason of the ttansfer ofthe functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department ofCommunity Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health.'

SECTION 2-18. Said title is further amended by revising Code Section 31-7-175, relating to the administration of the "Georgia Hospice Law," as follows:
.31-7-175. (a) The administration of this article is vested in the Department of Human Resources which shall:
(I) Prepare and furnish all forms necessary under the provisions of this article in relation to the application for licensure or renewals thereof; (2) After consultation with appropriate public interest groups, adopt rules within the standards of this article necessary to effect the purposes of this article; and (3) Establish comprehensive rules and regulations for the licensure of hospices. (b) Rules promulgated by the department shall include but not be limited to the following: (I) The qualifications ofprofessional and ancillary personnel in order to furnish adequate hospice care; (2) Comprehensive standards for the organization and quality of patient care; (3) Procedures for maintaining records; (4) Comprehensive standards for inpatient facilities, to include specifications that the

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hospice retain primary responsibility for the coordination of inpatient hospice care; (5) Provision for contractual arrangements for professional and ancillary hospice services; and (6) Provisions for the imposition of administrative fines for any violations of any provisions of this article or of department rules or regulations.'

SECTION 2-19. Said title is further amended in Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks for personal care homes, by adding a new paragraph to read as follows:
'(3.1) 'Department' means the Department of Community Health.'

SECTION 2-20. Said title is further amended by inserting a new Code section to read as follows:
'31-7-265. (a) Effective July I, 2009, all matters relating to facility licensing and employee records checks for personal care homes pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30,2009, or scheduled to go into effect on or after July I, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July I, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer ofthe functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department ofCommunity Health in similar capacities, as determined by the commissioner

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of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July I, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result ofsuch transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health.'

SECTION 2-21. Said title is further amended in Code Section 31-7-280, relating to health care provider annual reports, by revising subsection (a) as follows:
(a) As used in this article, the term: (1) 'Department' means the Department of Community Health. (2) 'Health care provider' means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. (3) 'Indigent person' means any person having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (4) 'Third-party payor' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, health care plans, or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payor.'

SECTION 2-22. Said title is further amended by revising Code Section 31-7-282, relating to collection and llllbmission of health care data, as follows:
.31-7-282.
The department shall be authorized to request, collect, or receive the collection and submission of data listed in subsection (c) of Code Section 31-7-280 from:
(1) Health care providers; (2) The Department of Human Resources; (3) The Commissioner of Insurance; (4) Reserved; (5) Third-party payors;

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(6) The Joint Commission on the Accreditation of Healthcare Organizations; and (7) Other appropriate sources as determined by the department. Any entity specified in paragraphs (I) through (4) of this Code section which has in its custody or control data requested by the department pursuant to this Code section shall provide the department with such data, but any data regarding a health care provider which is already available in the records of any state officer, department, or agency specified in paragraph (2), (3), or (4) of this Code section shall not be required to be provided to the department by that health care provider.'

SECTION 2-23. Said title is further amended in Code Section 31-7-300, relating to definitions relative to private home care providers, by revising paragraph (2) as follows:
'(2) 'Department' means the Department of Community Health.'

SECTION 2-24. Said title is further amended by inserting a new Code section to read as follows:
'31-7-308. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of private home care providers pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30,2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer ofthe functions to the Department ofCommunity Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this

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Code section on June 30, 2009, shall, on July I, 2009, become employees of the Department ofCommunity Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July I, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30,2009, shall be retained by said employees as employees of the Department of Community Health.'

SECTION 2-25. Said title is further amended by inserting a new Code section to read as follows:
'31-7-354. The Department of Community Health shall be authorized to enforce this article and to promulgate rules and regulations related to the requirements of this article.'

SECTION 2-26. Said title is further amended in Code Section 31-7-400, relating to definitions relative to hospital acquisitions, by revising paragraph (8) as follows:
'(8) 'Hospital' means any institution classified and having a permit as a hospital from the Department of Community Health pursuant to this chapter and such department's rules and regulations.'

SECTION 2-27. Said title is further amended in Code Section 31-8-46, relating to investigation of alleged violation of requirement of hospitals with emergency services to provide care to pregnant women in labor, is amended by revising subsection (c) as follows:
'(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Community Health.

SECTION 2-28. Said title is further amended in Code Section 31-11-81, relating to definitions relative to emergency services, is amended by revising paragraph (2) as follows:
'(2) 'Emergency medical provider' means any provider of emergency medical

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transportation licensed or permitted by the Department ofHuman Resources, any hospital licensed or permitted by the Department of Community Health, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services.'

SECTION 2-29. Said title is further amended in Code Section 31-18-3, relating to reporting procedures for the registry for traumatic brain and spinal cord injuries, is amended as follows:
'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 ofCommunity Health 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 of the 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 injury, and such other information concerning the person with the injury as the Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, may require.'

SECTION 2-30. Said title is further amended in Code Section 31-20-1, relating to definitions relative to performance of sterilization procedures, is amended by revising paragraph (1) as follows:
'(1) 'Accredited hospital' means a hospital licensed by the Department of Community Health and accredited by the Joint Commission on the Accreditation of Hospitals.'

SECTION 2-31. Said title is further amended in Code Section 31-21-5, relating to incineration or cremation nf dead body or parts thereof, is amended by revising subsection (a) as follows:
'ta) lt shall be unlawful for any person to incinerate or cremate a dead body or parts thereof; provided, however, that the provisions of this subsection shall not apply to a crematory licensed by the State Board of Funeral Service pursuant to Chapter 18 of Title 43 or t~ a hospital, clinic, laboratory, or other facility authorized by the Department of Community Health and in a manner approved by the commissioner of community health.'

SECTION 2-32. Said title is further amended by revising paragraph (I) of subsection (a} of Code Section 31-33-2, relating to furnishing copies of health records to patients, providers, or other authorized persons, as follows:

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'(a)(1)(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 thereofto 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(A) ofparagraph(4) 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.'

SECTION 2-33. Code Section 33-19-10, relating to limitation as to hospitals with which corporations authorized to contract, is amended as follows:
'33-19-10. The corporations shall have authority to contract only with hospitals licensed by the Department of Community Health.

SECTION 2-34. Code Section 36-42-3, relating to definitions relative to downtown development authorities, is amended by revising paragraph (6) as follows:
'(6) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing offixtures, 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, any undertaking authorized by Chapter 43 of this title as part of a city business improvement district, any undertaking authorized in Chapter 44 of this title, the 'Redevelopment Powers Law,' when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the 'Urban Redevelopment Law,' when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose ofthe development of trade, commerce, industry, and employment opportunities in its authorized area of operation. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for

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profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Community Health and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities.'

SECTION 2-35. Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse, is amended by revising paragraph (2) of subsection (a) as follows:
'(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 Community Health as a birthing center.'

SECTION 2-36. Code Section 44-14-470, relating to liens on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, is amended by revising paragraph (1) of subsection (a) as follows:
(I) 'Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Community Health.'

SECTION 2-37. Code Section 51-1-29.3, relating to immunity for operators of external defibrillators, is amended by revising paragraph (3) of subsection (a) as follows:
(3) Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph(5) of Code Section 31-7-1; and'

SECTION 2-38. Code Section 51-2-5 .I, relating to the relationship between hospital and health care provider as a prerequisite to liability, is amended by revising paragraph (2) of subsection (a) as follows:
'(2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Community Health under Chapter 7 of Title 31 .'
SECTION 2-39. Code Section 52-7-14, relating to collisions, accidents, and casualties relative to watercraft, is amended by revising subparagraph (c)(4)(A) as follows:
'(A) As used in this paragraph, the term 'medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or

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facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Community Health as an ambulatory surgical treatment center."

PART Ill Effective Date and Repealer.

SECTION 3-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2008, and shall only apply to applications submitted on or after July I, 2008. (b) Part II of this Act shall become effective on July I, 2009.

SECTION 3-2. All laws and parts of Jaws in conflict with this Act are repealed.

Approved April 9, 2008.

HIGHWAYS- GEORGIA TRANSPORTATION INFRASTRUCTURE BANK.
No. 393 (House Bill No. 1019).
AN ACT
To amend Article 2 of Chapter I0 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; 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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SECTION 1. Article 2 of Chapter 10 of Title 32 ofthe Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by revising paragraph (6.1) of Code Section 32-10-60, relating to definitions, as follows:
"(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, any other moneys of the authority pledged for such purpose, and any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank."

SECTION 2. Said article is further amended by adding at its end a new Part 3 to read as follows:

"Part 3

32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.'

32-10-121. (a) There shall be created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts in the authority fund:
(I) State and local roadway account; (2) State and local nonroadway account; (3) Federal roadway account; and (4) Federal nonroadway account.

32-10-122. As used in this part, the term:
(I) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority.

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(3) 'Department ofTransportation' means the Georgia Department of Transportation and
its successors. (4) 'Eligible costs' means, as applied to a qualified project to be financed from the federal roadway account, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local roadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, air transport and airport facilities, and rail, or transit or bicycle facility project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal roadway funds and federal nonroadway funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note,

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ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, community improvement district, or any public operator oftransit, including combinations of two or more of these entities, acting jointly to construct, own, or operate a qualified project, or any other state authority, board, commission, agency, or department which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (I 0) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (II) 'Other financial assistance' includes, but shall not be limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods ofleveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control ofthe qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate account for state and local roadway funds and state and local nonroadway funds.

32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article.

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32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish:
(A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose ofall or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any

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modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise, including the requirement that the bank shall consult with the Department of Transportation for the purpose of implementing the project accounting procedures required by subparagraph (a)(9)(B) of Code Section 32-10-124; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank shall not be authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or of this state. The use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank' is required by federal law. For the express purposes of this part, the use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank Act' does not violate Code Section 7-1-243. In addition, all deposits taken by the Georgia Transportation Infrastructure Bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation.

32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out

lio.

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its purposes: (I) Appropriations by the General Assembly; (2) Federal funds available to the state, as approved by the Department of Transportation; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the bank's moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board.
(b) Without limiting the provisions of subsection (a) of this Code section, it shall be specifically provided that any local government may use the proceeds of any local funds which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank.

32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local roadway account or state and local nonroadway account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.

32-10-127. (a) The bank may provide loans and other financial assistance to a government unit to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content ofloan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other

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financial assistance from federal accounts shall comply with applicable federal requirements. (b) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. Preference may be given to eligible projects which have local financial support.

32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.

32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and shall not be required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom.

32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due.

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(b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the
state.

32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from
carrying out any of the powers given in this part.

32-10-132. Notice, proceeding, or publication, except those required in this part, shall not be necessary to the performance of any act authorized in this part nor shall any act of the bank be subject to any referendum.

32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor, the Lieutenant Governor, and the Speaker ofthe House of Representatives and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program:

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

SECTION 4. All1aws and parts of laws in conflict with this Act are repealed.

Approved April 9, 2008.

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EDUCATION- LOCAL SYSTEMSACCOUNTABILITY; FLEXIBILITY;
OFFICE OF STUDENT ACHIEVEMENT.

No. 394 (House Bill No. 1209).

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 that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for public input; to provide for strategic plans; to provide for submission of a proposed contract; to provide for negotiations; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office ofStudent Achievement; to provide for implementation; to provide for other funding options; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; 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 4, which is reserved, to read as follows:

'ARTICLE 4

20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall establish a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall:

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(1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo.

20-2-81. (a) Each local school system which elects to request increased flexibility pursuant to this article shall develop a five-year strategic plan which sets out the school system's vision and mission for improving the performance of its schools and shall clearly delineate in a proposed contract the following for measuring the improvement and performance of its
schools: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals for each school, including both improvement and achievement;
and (3) Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals. (b) The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system. (c) The department shall provide an electronic template accessible through the Internet for local school systems to input their proposed contracts. The template shall be designed to include the information contained in subsection (a) of this Code section. (d) Prior to the submission of a proposed contract to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan and proposed contract, including formal, written comments or suggestions regarding the local school system's flexibility requests and performance goals and their impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (e) The local school system shall submit the proposed contract to the department in accordance with time frames established by the department.
20-2-82. (a) The local board of education and the department shall enter into negotiations on the appropriate . terms of the contract, including the accountability, flexibility, and ~nsequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. The accountability, flexibility, and consequences components may vary between schools and clusters.

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(b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 20-2-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board.
(d)(!) The state board shall have the authority to approve or deny approval of the proposed terms ofthe contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval ofthe proposed terms ofthe contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions ofthis chapter upon the inclusion of such request in the local school systems proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request.

20-2-83. (a) Upon approval of a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local board of education. (b) The terms ofthe contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements. (d) The terms of a contract may be amended during the term of the contract only if warranted due to unforeseen circumstances and upon approval of the state board and the local board of education.

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20-2-84. (a) The accountability component ofthe contract provided in Code Section 20-2-83 shall include at least one of the student achievement measures in paragraphs (1) through (4) of this subsection, including both total scores and any needed targeted subgroups:
(1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance;
and (5) Any other accountability measures included pursuant to Part 3 ofArticle 2 of Chapter
14 of this title. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of at least one of the areas in paragraphs (I) through (4) of this subsection as requested by the local school system:
(1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board except as provided in subsection (e) of Code Section 20-2-82. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and (2) Loss of governance ofone or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three consecutive years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. The schedule of interventions or sanctions, including loss of governance, for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract. If the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high performing school, the contract may provide alternate terms

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with respect to that school.

20-2-84.1. (a) The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to:
(I) Conversion of a school to charter status with independent school level governance and a governance board with strong parental involvement; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement, and pursuant to funding criteria established by the state board; or (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department. (b) Loss of governance shall be invoked upon the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract.

20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (I) of subsection (a) of Code Section 20-14-26 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school systems progress toward meeting its performance goals in its contract and shall the notify the department if a local school system is not in compliance with such performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals.

20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. (b) No later than June 30, 2013, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80.

20-2-84.4. The department may offer other funding options for local school systems which choose to enter into a contract pursuant to this article and may also offer other funding options for charter systems.

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20-2-84.5. Except as otherwise provided in Code Section 20-2-84.4, this article shall not apply to a
local school system which has become a charter system pursuant to Code Section
20-2-2063.2 or which is in the process of applying to become a charter system.

20-2-84.6. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article:
SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment oflocal school superintendents, as follows:
20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence ofone or more events, shall be void if that extension would result in employment under the contract, as extended, for a period which exceeds three years. (b) No person shall be eligible to be appointed or employed as superintendent of schools ofany county or independent school system unless such person is of good moral character, bas never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) At any time during the 12 months immediately preceding the expiration of an appointed school superintendent's contract or term of office, or when a vacancy in the office ofschool superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. (c) A local school superintendent may concurrently serve as a principal, teacher, or in another staffposition as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. {t) No substantive or procedural right regarding employment or termination of

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employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract.'

SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, at a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description ofeach school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed

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starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect ofeach waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July I, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class size requirements pursuant to this Code section on and after July I, 2008, in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; or (4) Salary schedule requirements in Code Section 20-2-212. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract.'

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

Approved April 9, 2008.

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LOCAL GOVERNMENT- CONSERVATIONSTATE GOVERNMENT- LAND CONSERVATION PROJECTS; GRANTS AND LOANS.

No. 398 (House Bill No. 1176).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 12 ofthe Official Code of Georgia Annotated, relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of 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; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to grants and loans to local governments and repayment thereof; to provide certain penalties for failure to remit funds due the authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 12 ofthe Official Code of Georgia Annotated, relating to conservation and natural resources, are amended by redesignating Chapter 22 of the former title, relating to land conservation, as Chapter 6A of the latter title and by revising said chapter as follows:

'CHAPTER 6A

12-6A-1. The intent of this chapter is to provide a flexible framework within which cities and counties in this state, the Department of Natural Resources, other state and federal departments and agencies, state authorities, and private partners can protect the state's valuable natural resources. The General Assembly recognizes that the state-wide network of land and water resources, the state's prime agricultural and forestry lands, and its

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

12-6A-2. As used in this chapter, the term:
(1) 'Authority' means the Georgia Environmental Facilities Authority established in Code
Section 50-23-3. (2) 'City' means a statutorily established municipal government. (3) 'Commission' means the State Forestry Commission established under Code Section
12-6-2. (4) 'Conservation easement' means a conservation easement established in accordance with Code Section 44-10-2. (5) 'Conservation land' means permanently protected land and water, or interests therein, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals:
(A) Water quality protection for rivers, streams, and lakes; (B) Flood protection; (C) Wetlands protection; (D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (E) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (F) Protection of prime agricultural and forestry lands; (G) Protection of cultural sites, heritage corridors, and archeological and historic resources; (H) Scenic protection; (I) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities; and (J) Connection of existing or planned areas contributing to the goals set out in this paragraph. (6) 'Costs of acquisition' means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to obtain fee simple or lesser interests in real property or to convey a conservation easement to a holder who will ensure the permanent protection of the property as conservation land. Said costs shall include the purchase price, if any; the costs of due diligence investigation, such as

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appraisals, surveys, phase I environmental reports, and title searches; title insurance; fees for services related to the direct acquisition of the real property, such as holding costs, overhead costs, finder's fees, and real estate commissions; attorney fees; pro rata ad valorem taxes; resource stewardship; and other costs related to closing the transaction; provided, however, that said costs shall not include any costs for services provided in violation of Chapter 40 of Title 43. (7) 'Council' means the Georgia Land Conservation Council established by this chapter. (8) 'County' shall include consolidated county and municipal governments as well as a county. (9) 'Land conservation project' means a conservation land project to accomplish strategic investment in protection of identified land resources with high environmental values or conservation benefits. (9 .1) 'Nongovernmental entity' means a nonprofit organization the primary purposes of which are the permanent protection and conservation of land and natural resources. (9.2) 'Other state authority' means a state authority that is otherwise created and authorized by law to engage in projects that would qualify as land conservation projects, to accept grants or loans, and to incur debt and is recommended by the department to receive either grants or loans for such a project; provided, however, that such term shall not include the Georgia Building Authority. (9.3) 'Other state department or agency' means a state department or agency that is otherwise authorized by law to engage in projects that would qualify as land conservation projects. (10) 'Permanently protected land and water' means those resources:
(A) Owned by the federal government and designated for recreation, conservation, or natural resource; (B) Owned by the State of Georgia and dedicated as a heritage preserve; (C) Owned by a state or local unit of government or authority and subject to:
(i) A conservation easement that ensures that the land will be maintained as conservation land; (ii) Contractual arrangements that ensure that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; (iii) A restrictive covenant in favor of a federal governmental entity; or (iv) A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60; (D) Owned by any person or not for profit or for profit entity, subject to a conservation easement that ensures that the land will be maintained as conservation land; or (E) Permanently legally protected by any other method that ensures the conservation land will remain forever in uses which further the goals of this chapter. (11) 'Revolving loan fund' means the Georgia Land Conservation Revolving Loan Fund

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established by this chapter. (12) Reserved. (13) 'Trust fund' means the Georgia Land Conservation Trust Fund established by this
chapter.

12-6A-3. (a) There is created the Georgia Land Conservation Council. The council shall be composed of the state property officer, who shall serve as chairperson, the commissioner of natural resources, the director of the State Forestry Commission, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, and four additional members to be appointed by and to serve at the pleasure of the
Governor. (b) The members of the council shall receive no compensation for their services on the council but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this chapter. (c) For administrative purposes, the council shall be attached to the authority. The authority shall provide staff support to the council, utilizing personnel and funds available
to the authority.

12-6A-4. (a) The department may establish a land conservation program consistent with the purposes of this chapter. (a.1) There is established the Georgia Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund to consist of any moneys paid to the authority under intergovernmental contract for purposes of this chapter, voluntary contributions to such funds, any federal moneys deposited in such funds, other moneys acquired for the use of such funds by any fund raising or other promotional techniques deemed appropriate by the authority, and all interest thereon. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys can be expended or loaned, on the entity that can receive grants or loans of such moneys, on the manner in which such moneys can be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the funds so long as any such restriction does not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this chapter. All balances in the funds shall be deposited in interest-bearing accounts. The authority shall administer the funds, shall grant or loan moneys held in the funds in furtherance of the purposes of and pursuant to the provisions of this chapter, and shall prepare, by June 30 of each year, an accounting of the funds received and expended from the funds. The report shall be made available to the council, to the members of the General Assembly, and to members of the public on request. (b) Within the trust fund, moneys shall be made available in each fiscal year for grants to

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cities and counties having an approved land conservation project; having complied with state laws, regulations, contracts, and agreements; and having matching funds at a percentage of the total project cost as established by the authority or for grants to the department, the commission, other state department or agency, or other state authority having an approved land conservation project. (c) Within the revolving loan fund, moneys shall be made available in each fiscal year for loans to cities, counties, and nongovernmental entities having approved land conservation projects or for loans to state authorities specified by the department for purposes of approved land conservation projects of the department. Any such loan shall bear interest at a rate established by the authority. (d) Moneys granted from the trust fund or from the revolving loan fund shall be expended solely to defray the costs of acquisition of conservation land as defined in this chapter or of conservation easements which contribute to the goals set out for conservation land in Code Section 12-6A-2. (e) As a condition of project approval and release offunds, the grant or loan recipient shall be required to record acquisitions of real or partial interest in land purchased by using grants or loans established in this chapter with the department.
(f)( I) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia Land Conservation Trust Fund established in subsection (a) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Georgia Land Conservation Trust Fund may designate such contribution as provided in this Code section on the appropriate income tax return form. (2) The Department ofRevenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the authority for deposit in the Georgia Land Conservation Trust Fund established in subsection (a. I) of this Code section; provided, however, that the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department ofRevenue is authorized to withhold from such contributions shall not exceed the sum of sucl contributions. (g) The department may, by agreement with a city, county, or nongovernmental entity, accept and administer property acquired by such city, county, or nongovernmental entity

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pursuant to this chapter or may make such other agreements for the ownership and operation of the property as are outlined in Code Sections 12-3-32 and 27-1-6. (h) Cities, counties, the department, the commission, other state departments or agencies, and other state authorities may, by agreement with tax-exempt organizations under Section S0l(c)(3) of the federal Internal Revenue Code as established in a memorandum of understanding adopted by the council, enter into partnerships to assist with the development of land conservation project proposals, to assist with the establishment of a local funding match, and to accept and administer property acquired by a city, county, the department, the commission, other state department or agency, or other state authority pursuant to this chapter.

12-6A-5. (a) Approval of a land conservation project proposal for purposes of this chapter shall be accomplished as provided for in this Code section. Cities, counties, the department, the commission, other state departments or agencies, other state authorities, and nongovernmental entities may develop and submit land conservation projects using rules and regulations established by the authority. Cities, counties, the department, the commission, other state departments or agencies, and other state authorities may develop land conservation proposals in partnership with nonprofit environmental and conservation organizations and organizations that are tax-exempt under Section 501 (c)(3) of the federal Internal Revenue Code. The department shall make available its geographic information systems data as described in Code Section 12-6A-10 to cities, counties, the commission, other state departments or agencies, and other state authorities to assist them in the development of land conservation proposals. Land conservation projects by any nongovernmental entity shall be submitted by means of co-application with the city or county having jurisdiction over the area in question, but such city or county shall not be liable for any debt of the nongovernmental entity.
(b)(l) The authority shall review each land conservation project for fiscal merit, for the capacity ofthe applicant to fulfill its matching fund or loan repayment commitments, for the fiscal solvency of the entity identified as responsible for protecting and managing the conservation land or conservation easement, and for compliance with all applicable terms and conditions of this chapter. (2) The authority shall make a recommendation based on its review of each land conservation project to the council, including recommended funding sources, funding levels, and the terms and conditions of those funds. (c)(l) The department shall review each land conservation project proposal for its strategic investment in land resources with high environmental values or conservation benefits; for consistency with the land conservation goals set forth in this chapter and the land conservation priorities set forth by the Governor; for the merit of a plan for long-term management of the conservation land or conservation easement; and for compliance with all applicable terms and conditions ofthis chapter.

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

12-6A-6. Grants may in appropriate cases be made for the acquisition of land, and the grantee shall be permitted to place the needed and appropriate conservation easements on such land to ensure its permanent protection as contemplated in this chapter and the grantee would then be entitled to resell the land to private parties at the highest obtainable price and return the proceeds to the trust fund for reuse for additional grants.

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12-6A-7. Any city or county of this state, the department, the commission, other state department or
agency, other state authority, or nongovernmental entity shall be eligible to submit a land
conservation project for approval pursuant to the terms of this chapter.

12-6A-8. Moneys in the trust fund or revolving loan fund shall be made available to all cities and counties in the state, the department, the commission, other state departments or agencies, other state authorities, and nongovernmental entities for preservation of land or conservation easements on land. The authority is authorized and directed to accept and review project proposals for such moneys under terms, conditions, and procedures to be established by regulation of the authority and is authorized to make such grants or loans in such amounts as it deems appropriate. Any such grant or loan shall be administered in a manner consistent with purposes of this chapter and any regulations promulgated by the authority and the council applicable to such grants and loans, together with the terms and conditions of any such grant or loan.

12-6A-9. The authority is authorized to promulgate such rules and regulations as it may deem advisable to implement the terms of this chapter; provided, however, that for purposes of this chapter the authority shall be an agency subject to the provisions of Chapter 13 ofTitle SO, the 'Georgia Administrative Procedure Act.' The authority is authorized to audit, or have audited, the use of moneys from the trust fund or revolving loan fund or the use of properties obtained in whole or in part by the use of such moneys.

12-6A-10. (a) The department shall establish the State Land Conservation Geographic Information System by maintaining its current geographic information system data and maps related to land conservation; annually updating its land conservation data and maps based on the acquisitions ofland conservation projects; and monitoring progress in protecting the state's land resources. (b) The department shall make its geographic information system data and maps available to cities, counties, the commission, other state departments or agencies, and other state authorities to assist them in the strategic investment of land conservation projects in land resources with high environmental values or conservation benefits as based on the conservation goals set forth in this chapter. (c) The department shall cooperate with the commission, the State Soil and Water Conservation Commission, the Cooperative Extension Service ofthe University ofGeorgia and other institutions and organizations with outreach programs designed for landowners to provide technical support on land conservation. The department shall assist cities, counties, the commission, other state departments or agencies, other state authorities, and

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nongovernmental entities with the development of land conservation project proposals including, but not limited to, program requirements and technical assistance with real estate transactions.

12-6A-ll. The General Assembly recognizes the critical role nonprofit conservation organizations and organizations that are tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code have in partnering with cities, counties, and the state in accomplishing the land conservation goals as set forth in this chapter. Therefore, the state looks to these organizations to provide program education to the public and private sector; to partner with cities, counties, the department, the commission, other state departments or agencies, and other state authorities in the identification and development of land conservation project proposals; to promote existing and new partnership enhancement tools; to promote transferable partnership models, including demonstration projects to assist cities and counties with securing the local funding match; and to take an active role in the permanent protection of conservation lands by holding fee simple title or easements to lands.

12-6A-12. The Georgia Land Conservation Trust Fund established pursuant to Code Section 12-6A-4 shall be a successor to the former Georgia Greenspace Trust Fund and, on April 14, 2005, all funds in the Georgia Greenspace Trust Fund shall be transferred into the Georgia Land Conservation Trust Fund.'

PART II SECTION 2-1.

Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-3-403, relating to purpose and nature of the Oconee River Greenway Authority, as follows:
'12-3-403. The corporate purpose and the general nature of the business of the authority shall be the acquisition or establishment of projects consistent with but not limited to one or more of the goals specified in paragraph(5) of Code Section 12-6A-2; their maintenance and protection; and their development or restoration. The authority's purpose also shall be to engage in such other activities as it deems appropriate to promote use of any project by means ofpromoting tourism and educational, entertainment, recreational, athletic, or other events within the state and to promote the use of the educational, historical, cultural, recreational, and natural resources ofthe state by persons using or visiting any project.'

SECTION 2-2. Said title is further amended in subsection (a) of Code Section 12-6-5, relating to powers and

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duties of the State Forestry Commission, by deleting "and" at the end of paragraph (6), replacing the period with ";and" at the end of paragraph (7), and adding a new paragraph to
read as follows: '(8) To engage in land conservation projects as provided by Chapter 6A of this title.'

PART III SECTION 3-1.

Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority, is amended in Code Section 50-23-4, relating to definitions, by adding new paragraphs to read as follows:
'(10.1) 'Nongovernmental entity' means a nonprofit organization the primary purposes of which are the permanent protection and conservation of land and natural resources. (10.2) 'Nonprofit corporation' means any corporation qualified as a not for profit corporation by the Internal Revenue Service under Section 50 I (c)(3) or Section 50 I (c)(4) of the Internal Revenue Code.'

SECTION 3-2. Said article 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:
'(23.1) To exercise such powers and perform such functions as provided for the authority under Chapter 6A of Title 12, including but not limited to the making of grants and loans as provided therein, for purposes ofland conservation projects as defined in said chapter; and to provide advisory, technical, consultative, training, educational, and assistance services and enter into agreements for the same for purposes of such land conservation projects; (23.2) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority including but not limited to accepting donations to be used to advance state-wide energy education and energy efficiency and conservation initiatives. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents.'

SECTION 3-3. Said article is further amended by revising subsection (a) of Code Section 50-23-6, relating

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to grants and loans to local governments and repayment thereof, as follow: '(a) Reserved.'

SECTION 3-4. Said article is further amended by revising Code Section 50-23-20, relating to withholding state funds from local governments failing to collect and remit amounts when due, as follows:
'50-23-20. (a) In the event of a failure of any local government or nongovernmental entity to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government or nongovernmental entity, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government or nongovernmental entity until such local government or nongovernmental entity has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government or nongovernmental entity which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.

PART IV
SECTION 4-1.

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

Approved April 24, 2008.

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REVENUE- INCOME TAX CREDITS; REAL PROPERTY; CONSERVATION
PURPOSE DONATION.

No. 399 (House Bill No. 1274).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide for limitations, exceptions, and penalties; 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 income tax imposition, rate, computation, and exemptions, is amended by revising Code Section 48-7-29.12, relating to income tax credits for donations of real property for conservation purposes and carryover of credits, as follows:
'48-7-29.12. (a) As used in this Code section, the term:
(1) 'Fair market value' means the value of the donated property established by a property appraisal or appraisals meeting the requirements of Section 170 of Title 26 of the United States Code, to be submitted in such manner as the commissioner may by regulation require. (2) 'Qualified donation' means the fee simple conveyance to the state; a county, a municipality, or a consolidated government of this state; to the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of 100 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, federal 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 ofthis state; to the federal government; 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

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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. (3) 'Eligible donor' means any person who owns an interest in a qualified donation. (4) 'Related person' has the meaning provided by Code Section 48-7-28.3. (5) 'Substantial valuation misstatement' means a valuation such that the value of any property claimed on any return of tax imposed under this chapter, or on any claim for refund of such tax, is 150 percent or more of the amount determined to be the correct amount of such valuation. (b)(l) 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. (2) Except as otherwise provided in paragraph (3) of this subsection and in subsection (d) ofthis Code section, such credit shall be limited to an amount not to exceed the lesser of $500,000.00, 25 percent of the fair market value of the donated real property as fair market value is established for the year in which the donation occurred, or 25 percent of the difference between the fair market value and the amount paid to the donor if the donation is effected by a sale of property for less than fair market value as established for the year in which the donation occurred. (3) Except as otherwise provided in subsection (d) of this Code section, in the case of a taxpayer whose net income is determined under Code Section 48-7-23, the aggregate total credit allowed to all partners in a partnership shall be limited to an amount not to exceed the lesser of $1 million, 25 percent of the fair market value of the donated real property as fair market value is established for the year in which the donation occurred, or 25 percent ofthe difference between the fair market value and the amount paid to the donor if the donation is effected by a sale of property for less than fair market value as established 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 or not 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 l3 of Title 50, the 'Georgia Administrative Procedure Act.' (d)( 1) 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

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succeeding ten 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 nor shall such excess amount be claimed by or reallocated to any other taxpayer. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (2) Only one qualified donation may be made with respect to any real property that was, in the year prior to donation, within the same tax parcel of record, except that a subsequent donation may be made by a person who is not a related person with respect to any prior eligible donors of any portion of such tax parcel.
(e)(l) Whenever: (A) Any person prepares an appraisal of the value of property and knows, or reasonably should have known, that the appraisal would be used in connection with a return or a claim for refund claiming a tax credit under this Code section; and (B) The claimed value of the property on a return or claim for refund which is based on such appraisal results in a substantial valuation misstatement with respect to such property for purposes of claiming a tax credit under this Code section,
then such person shall pay a penalty in the amount determined under paragraph (2) of this
subsection. (2) The amount of the penalty imposed under paragraph (I) of this subsection on any person with respect to an appraisal shall be equal to the lesser of:
(A) The greater of: (i) Twenty-five percent of the difference between the amount of the tax credit claimed on the taxpayer's return or claim for refund and the amount of the tax credit to which the taxpayer is actually entitled, to the extent the difference is attributable to the misstatement described in subparagraph (e)( I)(B) of this Code section; or (ii) One thousand dollars; or
(B) One hundred twenty-five percent of the gross income received by the person described in subparagraph (e)(! )(A) of this Code section for the preparation of the appraisal. (3) No penalty shall be imposed under paragraph (I) of this subsection if the person establishes to the satisfaction of the commissioner that the value established in the appraisal was more likely than not the proper value. (4) Except as otherwise provided, the penalty provided by this subsection shall be in addition to any other penalties provided by law. The amount of any penalty under this subsection shall be assessed within three years after the return or claim for refund with respect to which the penalty is assessed was filed, and no proceeding in court without assessment for the collection of such penalty shall be begun after the expiration of such period. Any claim for refund of an overpayment of the penalty assessed under this 1 .subsection shall be filed within three years from the time the penalty was paid. (f) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January I, 2008.

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

Approved April 24, 2008.

FIRE PROTECTION- CIGARETTES; SAFETY STANDARDS.
No. 401 (Senate Bill No. 418).
AN ACT
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; 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. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter as follows:
'CHAPTER 14
25-14-l. This chapter shall be known and may be cited as the 'Georgia Fire Safety Standard and Firefighter Protection Act.'

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25-14-2. As used in this chapter, the term:
(1) 'Agent' means any person authorized by the commissioner ofrevenue to purchase and affix stamps on packages of cigarettes. (2) 'Cigarette' means:
(A) Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or (B) Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (A) of this paragraph. (3) 'Commissioner' means the Safety Fire Commissioner. (4) 'Manufacturer' means: (A) Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state; or (B) The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or (C) Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. (4.1) 'New York Fire Safety Standards for Cigarettes' means those New York Fire Safety Standards for Cigarettes in effect on Aprill, 2008. (S) 'Quality control and quality assurance program' means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter. (6) 'Repeatability' means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall95 percent of the time. (7) 'Retail dealer' means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. (8) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (9) 'Sell' means to sell or to offer or agree to do the same. (10) 'Wholesale dealer' means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.

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25-14-3. (a) Except as provided in subsection (h) of this Code section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Code section, a written certification has been filed by the manufacturer in accordance with Code Section 25-14-4, and the cigarettes have been marked in accordance with Code Section 25-14-5.
(b)( I) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, 'Standard Test Method for Measuring the Ignition Strength of Cigarettes.' (2) Testing shall be conducted on ten layers of filter paper. (3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this Code section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. (4) The performance standard required by this Code section shall only be applied to a complete test trial. (5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO) or other comparable accreditation standard required by the commissioner. (6) Laboratories conducting testing in accordance with this Code section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19. (7) This Code section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. (8) Testing performed or sponsored by the commissioner to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this Code section. (c) Each cigarette listed in a certification submitted pursuant to Code Section 25-14-4 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this Code section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end ofthe cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. (d) A manufacturer of a cigarette that the commissioner determines cannot be tested in accordance with the test method prescribed in paragraph (I) of subsection (b) of this Code section shall propose a test method and performance standard for the cigarette to the

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commissioner. Upon approval of the proposed test method and a determination by the commissioner that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (3) of subsection (b) of this Code section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Code Section 25-14-4. If the commissioner determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the commissioner finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this Code section, then the commissioner shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the commissioner demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this Code section shall apply to the manufacturer. (e) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period ofthree years, and shall make copies ofthese reports available to the commissioner and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000.00 for each day after the sixtieth day that the manufacturer does not make such copies available. (f) The commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length bums exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (3) of subsection (b) of this Code section. (g) The commissioner shall review the effectiveness of this Code section and report his or her findings every three years to the General Assembly and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. (h) The requirements of subsection (a) of this Code section shall not prohibit:
(1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2010, ifthe wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to January I, 2010, and if the wholesale or retailer dealer can establish that the inventory was purchased prior to January I, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or
(2) The sale ofcigarettes solely for the purpose of consumer testing. For purposes ofthis

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subsection, the term 'consumer testing' shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment. (i) This chapter shall be implemented in accordance with the implementation and substance of theNew York Fire Safety Standards for Cigarettes.

25-14-4. (a) Each manufacturer shall submit to the commissioner a written certification attesting that:
(I) Each cigarette listed in the certification has been tested in accordance with Code Section 25-14-3; and (2) Each cigarette listed in the certification meets the performance standard set forth in paragraph (3) of subsection (b) of Code Section 25-14-3. (b) Each cigarette listed in the certification shall be described with the following information: (I) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking approved in accordance with Code Section 25-14-5; (9) The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The certifications shall also be made available to the Attorney General for purposes consistent with this chapter and to the commissioner of revenue for the purposes of ensuring compliance with this Code section. (d) Each cigarette certified under this Code section shall be recertified every three years. (e) For each cigarette listed in a certification, a manufacturer shall pay to the commissioner a fee of $250.00. (f) If a manufacturer has certified a cigarette pursuant to this Code section and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Code Section 25-14-3 and maintains records of that retesting as required by Code Section 25-14-3. Any altered cigarette which does not meet the performance standard set forth in Code Section 25-14-3 shall not be sold in this state.

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25-14-5. (a) Cigarettes that are certified by a manufacturer in accordance with Code Section 25-14-4 shall be marked to indicate compliance with the requirements of Code Section 25-14-3. The marking shall be in eight-point type or larger and consist of:
( 1) Modification of the universal product code to include a visible mark printed at or around the area ofthe universal product code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code; (2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap; or (3) Printed, stamped, engraved, or embossed text on the cigarette packaging or cellophane wrap that indicates that the cigarettes meet Georgia standards. (b) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer. (c) The commissioner shall be notified as to the marking that is selected. (d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the commissioner for approval. Upon receipt of the request, the commissioner shall approve or disapprove the marking offered. The commissioner shall approve: (1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes; or (2) The letters 'FSC,' which signifies Fire Standards Compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the universal product code. Proposed markings shall be deemed approved if the commissioner fails to act within ten business days of receiving a request for approval. (e) No manufacturer shall modify its approved marking unless the modification has been approved by the commissioner in accordance with this Code section. (t) Manufacturers certifying cigarettes in accordance with Code Section 25-14-4 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Code section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy ofthese package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the commissioner, the commissioner of revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this Code section.

25-14-6. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Code Section

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25-14-3, for a first offense shall be subject to a civil penalty not to exceed $100.00 dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed $100,000.00 during any 30 day period. (b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of Code Section 25-14-3 shall be subject to a civil penalty not to exceed $100.00 for each pack of such cigarettes, provided that in no case shall the penalty against any retail dealer exceed $25,000.00 during any 30 day period. (c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Code Section 25-14-4 shall be subject to a civil penalty of at least $75,000.00 and not to exceed $250,000.00 for each such false certification. (d) Any person violating any other provision in this chapter shall be subject to a civil penalty for a first offense not to exceed $1 ,000.00, and for a subsequent offense subject to a civil penalty not to exceed $5,000.00, for each such violation. (e) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Code Section 25-14-3 shall be subject to forfeiture and, upon forfeiture, shall be destroyed; provided, however, that prior to the destruction of any cigarette pursuant to this Code section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. (f) In addition to any other remedy provided by law, the commissioner or Attorney General may file an action in superior court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the commissioner or Attorney General may obtain relief. (g) Whenever any law enforcement personnel or duly authorized representative of the commissioner or Attorney General shall discover any cigarettes that have not been marked in the manner required Code Section 25-14-5, such personnel is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the commissioner of revenue and shall be forfeited to the state. Cigarettes seized pursuant to this subsection shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.

25-14-7. (a) The commissioner may promulgate rules and regulations, pursuant to Chapter 13 of Title 50, necessary to effectuate the purposes of this chapter. (b) The commissioner of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Chapter 11 of Title 48,

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may inspect such cigarettes to determine if the cigarettes are marked as required by Code Section 25-14-5. If the cigarettes are not marked as required, the commissioner of revenue shall notify the commissioner.

25-14-8. To enforce the provisions ofthis chapter, the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel shaH be authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall be directed and required to give the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Code section.

25-14-9. Nothing in this chapter shaH be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Code Section 25-14-3 if the cigarettes are not for sale in this state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

25-14-10. This chapter shall cease to be applicable if federal reduced cigarette ignition propensity standards that preempt this chapter are enacted.

25-14-11. If, after the date specified in paragraph (4.1) of Code Section 25-14-2, the New York safety standards are changed, then the commissioner shall suggest proposed legislation to the chairpersons ofthe appropriate standing committees ofthe General Assembly as designated by the presiding officer of each house. Such proposed legislation shall contain provisions necessary to bring paragraph (4.1) of Code Section 25-14-2 into accordance with the New York safety standards.'

SECTION 2. This Act shall preempt and supersede and shall prohibit the enactment of any local laws, ordinances, rules, and regulations by the governing authority of any county or municipal corporation concerning the testing of cigarettes, the performance standards of cigarettes, or the certification that cigarettes have been manufactured in compliance with testing and performance standards.

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SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section I of this Act shall become effective on January I, 20 I0.

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

Approved April 30, 2008.

EDUCATION- SCHOLARSHIPS; APPROVED OR ELIGIBLE SCHOOLS.
No. 402 (Senate Bill No. 480).
AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; 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 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising subparagraph (A) of paragraph (2) of Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities, as follows:
'(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 ofthis chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; provided, further, that an institution which was previously accredited by the Southern Association of Colleges and Schools within the last seven years and which otherwise meets the requirements of this definition and of

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this subpart except for the lack ofaccreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school';n

SECTION 2. Said article is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, as follows:
'(6) 'Eligible high school', until December 31, 20 I0, means a public or private secondary school which is:
(A) Located in Georgia and is currently or within the last two years has been accredited
by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Southern Association of Independent Schools; or
(B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association oflndependent Schools.
On and after January 1, 2011, 'eligible high school' means a public or private secondary school which is:
(A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or
(B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges;

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(vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association oflndependent Schools.'

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

Approved April 30, 2008.

CRIMES- ANIMALS- DOGFIGHTING.
No. 408 (House Bill No. 301).
AN ACT
To amend Part I of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit dogfighting and related conduct; to provide for punishments; to define a term; to provide for applicability; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to definitions relative to Chapter 8 of said title; to change certain provisions relating to caring for an impounded animal; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; 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:
PART I SECTION 1-1.
Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, is amended by revising Code Section 16-12-37, relating to dogfighting, as follows:
'16-12-37. (a) As used in this Code section, the term 'dog' means any domestic canine. (b) Any person who:
(I) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog;

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(2) For amusement or gain, causes any dog to fight with another dog or for amusement or gain, causes any dogs to injure each other; (3) Wagers money or anything of value on the result of such dogfighting; (4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on any premises under the ownership or control of such person or knowingly aids or abets any such act; or (5) Knowingly promotes or advertises an exhibition of fighting with another dog shall be guilty of a felony and, upon the first conviction thereof, shaH be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not Jess than $15,000.00, or both such fine and imprisonment. Each act or omission in violation of this subsection shall constitute a separate offense. (c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shaH be guilty of a felony and shall be punished by imprisonment of not Jess than one nor more than five years, a fine of not Jess than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense. (d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections 4-11-9.2 through 4-11-9.6. (e) This Code section shaH not prohibit, impede, or otherwise interfere with animal husbandry, training techniques, competition, events, shows, or practices not otherwise specifically prohibited by law and shaH not apply to the following activities: (I) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife or any animallawfuHy hunted under Title 27 or participating in hunting or fishing in accordance with the provisions of Title 27 and rules and regulations promulgated pursuant thereto as such rules and regulations existed on the date specified in Code Section 27-1-39; (2) Owning, using, breeding, training, or equipping dogs to work livestock for agricultural purposes in accordance with the rules and regulations of the Commissioner of Agriculture as such rules and regulations existed on January 1, 2008; (3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or (4) Owning, using, breeding, training, or equipping any animal to control damage from nuisance or pest species in and around structures or agricultural operations."

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PART II SECTION 2-1.

Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising paragraph (6) of Code Section 4-8-41, relating to definitions relative to Chapter 8 of said title, as follows:
'(6) 'Vicious dog' means any dog that 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. 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 Jaw 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.'

,SECTION 2-2. Said title is further amended by revising subsection (c) of Code Section 4-11-9.3, relating to caring for an impounded animal, as follows:
'(c) Any person impounding an animal under this article shall be authorized to return such animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner, in a prior administrative or legal action in this state or any other state, was found to have failed to provide humane care to an animal, committed cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal shall be given humane care and adequate and necessary veterinary services; (2) Such animal shaJI not be subjected to cruelty; and (3) The owner shall comply with this article.'

SECTION 2-3. Said title is further amended by revising subparagraph (b)(6)(B) of Code Section 4-11-9.5, relating to failure to respond, right to hearing, care, and crime exception, as follows:
'(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or committed an act prohibited under Code Section 16-12-37 in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be

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reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal shall be given humane care and adequate and necessary veterinary services; (ii) Such animal shall not be subjected to mistreatment; and (iii) The owner shall comply with this article."

SECTION 2-4. Said title is further amended by revising subsection (a) of Code Section 4-11-17, relating to filing a report regarding animal cruelty and immunity, as follows:
'(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or an act prohibited under Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal."

PART III SECTION 3-1.

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

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 6, 2008.

CONSERVATION -COASTAL MARSHLANDS; MANAGEMENT; DOCKS.
No. 409 (House Bill No. 68).
AN ACT
To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions

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relating to applicability ofthe Coastal Marshlands Protection Act; to provide for maintenance of certain exempted docks; to provide an exemption for a single private dock built by the owners of certain adjoining lots; to change certain provisions relating to automatic repeal of the Georgia Coastal Management Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, is amended in Code Section 12-5-295, relating to applicability ofthe Coastal Marshlands Protection Act, by revising paragraph (7) and adding a new paragraph as follows:
(7) The building of a private dock exclusively for the noncommercial use of the owner or his or her invitees and constructed on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by:
(A) The owner of a lot on which a detached single-family residence is located on high land adjoining such dock; or (B) The owner of a lot having at least 50 front feet of land abutting the marshlands which contains high land suitable for the construction of a detached single-family residence and where the construction of such a residence is not prohibited. The lot owner shall and is authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes; (7 .1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number ofadjoining lots utilizing the dock; provided, however, that the exemption provided by this paragraph shall apply only if each of the owners of such adjoining lots has entered into a binding covenant that runs with the land, in favor of the state, which covenant prohibits the building of any future private dock on his or her lot unless the dock exempted pursuant to this paragraph is removed or converted to a single-family private dock which would qualify for an exemption as provided in paragraph (7) of this Code section. The granting of the exemption provided by this paragraph shall be the state's consideration for the covenant of each such lot owner. The lot owners shall and are authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes; or'

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SECTION 2. Said article is further amended by revising Code Section 12-5-329, relating to automatic repeal of the Georgia Coastal Management Act, as follows:
'12-5-329. Reserved.'

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

Approved May 6, 2008.

HEALTH-DELAYED BIRTH CERTIFICATES; PROBATE COURT.
No. 410 (House Bill No. 111).
AN ACT
To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to permit petitions for delayed birth certificates to be filed in the probate court as well as the superior court; 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 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising Code Section 31-10-12, relating to judicial procedure to establish facts of birth, as follows:
'31-10-12. (a) If a delayed certificate of birth is rejected under the provisions of Code Section 31-10-11, a petition signed and sworn to by the petitioner may be filed in either the superior court or the probate court in the county of residence of the person for whom a delayed certificate of birth is sought for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered and shall allege:
(1) That the person for whom a delayed certificate of birth is sought was born in this state; (2) That no certificate of birth of such person can be found in the files of the State Office

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of Vital Records or the office of any local custodian of vital records; (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Code Section 31-10-11 and regulations adopted pursuant thereto; (4) That the state registrar has refused to register a delayed certificate of birth; and (5) Such other allegations as may be required. (b) The petition shall be accompanied by a statement of the state registrar made in accordance with Code Section 31-10-11 and all documentary evidence which was submitted to the state registrar in support of such registration. (c) The superior court or probate court, as the case may be, shall fix a time and place for hearing the petition and shall give the state registrar not less than ten days notice of said hearing. The state registrar or his authorized representative may appear and testify in the proceeding. (d) If the superior court or probate court finds, from the evidence presented, that the person from whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and such other findings as may be required and shall issue an order, on a form prescribed and furnished by the state registrar, to establish a delayed certificate of birth. This order shall include the birth data to be registered, a description ofthe evidence presented as prescribed by Code Section 31-10-11, and the date of the court's action. (e) The clerk of superior court or the probate court, as the case may be, shall forward each such order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar and shall constitute the certificate of birth from which certified copies may be issued in accordance with this chapter.'

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

Approved May 6, 2008.

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HEALTH- PRESCRIPTION DRUGS; OTHER PRODUCTS; EXPEDITED REVIEW.

No.411 (HouseBillNo.180).

AN ACT

To amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide that the Department of Community Health shall expedite a review of certain prescription drugs or other health care products produced by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies for inclusion on the preferred drug list under the state health benefit plan, the medical assistance program, the PeachCare for Kids program, or any other health benefit plan or policy administered by or on behalf ofthe state; to define certain terms; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for
other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5A ofTitle 31 ofthe Official Code ofGeorgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows:
'31-SA-8. (a) As used in this Code section, the term:
(1) 'Biopharmaceutical' means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) 'Biotechnology' means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. (3) 'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate division of such a company:
(A) The principal activity of which is research or development, manufacturing, or sales of health care products in this state; and
(B)(i) That had a total economic impact in this state of not less than $60 million during the most recent taxable year; (ii) That has total capital investment in this state of not less than $100 million; and (iii) That employs at least 200 Georgia citizens. Such term shall not mean a warehouse used to store health care products. (4) 'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or to the

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art of preparing medicines according to the rules or formulas of pharmacy. (5) 'Research and development' means experimental or laboratory activity for the ultimate purpose of developing new products, improving existing products, developing new uses for existing products, or developing or improving methods for producing products. (6) 'Total economic impact' means the sum of total employee payroll, investment in external research and development, the value of prescription drug samples provided to physicians, and the value of prescription drugs donated to low income individuals through patient assistance programs. (b) The Department of Community Health shall expedite the review of any prescription drug or other health care product having an approved indication from the federal Food and Drug Administration for use with humans and that is produced by a Georgia biotechnology, biopharmaceutical, or pharmaceutical company for any health care coverage provided under the state health benefit plan under Article I of Chapter 18 of Title 45, the medical ,.assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of Chapter 5 of Title 49, or any other health benefit plan or policy administered by or on behalf of the state. Such review shall take place as soon as practicable following the date that such drug or health care product becomes available for public consumption. This subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July I, 2008. (c) In complying with the provisions of this Code section, the department shall consider the nexus of a biotechnology, biopharmaceutical, or pharmaceutical company in relation to the state along with the financial impact on the state, the quality ofthe product, and other relevant factors:

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 6, 2008.

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PROFESSIONS -DISPENSING OPTICIANS; LICENSING AND TRAINING.

No. 412 (House Bill No. 241).

AN ACT

To amend Code Section 43-29-7 of the Official Code of Georgia Annotated, relating to license requirements for dispensing opticians, qualifications of applicants, subjects to be tested on examination, and issuance and display of license, so as to specify certain requirements for practical training and experience for an applicant to obtain licensure through
an apprenticeship program; to provide for credit for practical training and experience already
obtained if certain conditions are met; to provide for alternative means of obtaining the required education, training, and experience for licensure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-29-7 of the Official Code of Georgia Annotated, relating to license requirements for dispensing opticians, qualifications of applicants, subjects to be tested on examination, and issuance and display of license, is amended as follows:
'43-29-7. (a) Any person wishing to obtain the right to practice the trade or occupation of dispensing optician, as defined in this chapter, shall, before it shall be lawful for him or her to do so in this state, make application to the board, upon such form and in such manner as shall be adopted and prescribed by the board, and obtain a license from the board. Unless such person shall have obtained a license as provided in this subsection, it shall be unlawful for him or her to practice the trade or occupation of dispensing optician in this state; and he or she shall be subject to the penalties prescribed in Code Section 43-29-21. (b) The board shall admit to examination any candidate who pays the fee provided for in this chapter and submits evidence satisfactory to the board, verified on oath, that:
(I) The applicant is over 18 years of age; (2) The applicant has completed a high school education or its equivalent, as defined by the State Board of Education; (3) The applicant is of good moral character; and (4) The applicant has satisfactorily completed one school year of not less than an 850 hour course of study in a recognized school of optical dispensing or has had practical training and experience ofa grade and character satisfactory to the board for not less than two years under the supervision of a licensed dispensing optician, a licensed physician, or a licensed optometrist, provided that any time spent in a recognized school shall be

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considered as part of the apprenticeship period. The practical training and experience required under this paragraph for an apprenticeship shall include, at a minimum, 3,000 hours of experience engaged in apprenticeship functions and shall include instruction in ophthalmic optics, optical laboratory materials and techniques, eye anatomy and physiology, related laws and regulations, ophthalmic dispensing theory and application, and basic contact lens theory. Prior to beginning an apprenticeship, the applicant shall register with the board. The registration shall identify the supervising licensed physician, licensed optometrist, or licensed dispensing optician and the mailing address and telephone number of the primary location where the apprenticeship training shall occur; provided, however, that in addition to the primary location, such training may be furnished at other locations under proper supervision. The board shall develop a list of textbooks and instructional materials to guide the apprentice and supervisors in providing the appropriate apprenticeship instruction. Upon completion by the applicant, such training and experience shall be certified by the supervising licensed dispensing optician, licensed physician or licensed optometrist to the board. (c) Applicants who have received practical training and experience in the trade or occupation of dispensing optician prior to July 1, 2008, shall receive credit toward the practical training and experience requirements of paragraph (4) of subsection (b) of this Code section if they register with the board in accordance with the provisions of said paragraph no later than August 31, 2008. (d) Applicants may also meet the educational requirements of this Code section by receiving a certificate from recognized schools of opticianry with the Georgia Department of Technical and Adult Education or formal home study programs through the Career Progression Program with theN ational Academy ofOpticianry or other programs approved by the board. (e) Applicants for examination may be examined by the board upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing, and practical subjects. When any applicant passes the necessary examination and meets the qualifications set out, the board shall issue a license to such person to practice the trade or occupation of dispensing optician. (f) Such license shall be conspicuously displayed in the office or place of business of the dispensing optician; and it shall not be necessary to remove the same so long as such dispensing optician continues to practice his or her trade or occupation in this state and so long as the license is not revoked or suspended by the board."

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 6, 2008.

EDUCATION - INVESTIGATIONS; SEXUAL OFFENSES.

No. 413 (House Bill No. 250).

AN ACT

To amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, so as to revise certain provisions relating to preliminary investigations of violations; to provide for investigations by commission staff ofa complaint by a student against an educator alleging a sexual offense without commission notification; 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 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,

relating to professional standards, is amended by revising subsection (a) of Code Section

20-2-984.3, relating to preliminary investigations of violations, as follows:

-

'(a) Upon receipt of a written request from a local board, the state board, or one or more

individual residents of this state, the commission shall be authorized to investigate:

(I) Alleged violations by an educator of any law of this state pertaining to educators or

the profession of education;

(2) Alleged violations by an educator of the code of ethics of the commission;

(3) Alleged violations by an educator of rules, regulations, or policies of the state board

or the commission;

(4) Complaints alleging a failure by an educator to meet or comply with standards of

performance of the commission or the state board; or

(5) Complaints alleging that an educator has been convicted of any felony, of any crime

involving moral turpitude, of any other criminal offense involving the manufacture,

distribution, trafficking, sale, or possession of a controlled substance or marijuana as

provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in

Code Section 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12-100 in the courts of

this state or any other state, territory, or country or in the courts of the United States. As

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used in this paragraph, the term 'convicted' shall include a finding or verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction.'

SECTION 2. Said part is further amended by adding a new subsection to Code Section 20-2-984.3, relating to preliminary investigations of violations, to read as follows:
(d) Notwithstanding the requirements of this Code section, the staff of the commission shall be authorized, without notification to the commission, to immediately open an investigation submitted to the commission by a local school superintendent, with approval of the local board of education, of a complaint by a student against an educator alleging a sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12-100.'

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

Approved May 6, 2008.

RETIREMENT- PUBLIC EMPLOYMENT RELATED CRIME.
No. 414 (House Bill No. 255).
AN ACT
To amend Article 2 of Chapter I of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pensions systems, so as to define certain terms; to expand the definition of the term "public employment related crime"; to provide for notification of a conviction; to provide that a member of any such retirement or pension system who is convicted of a public related crime shall forfeit retirement or pension benefits in an amount equal to three times the economic impact of the crime; to provide for an administrative hearing to determine the economic impact of any such crime; 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. Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pensions systems, is amended by adding a new paragraph to Code Section 47-1-20, relating to definitions, to read
as follows: '(1.2) 'Economic impact of a public related crime' means the total of the economic gain to the perpetrator of an employment related crime and the economic loss to the public
entity.'
SECTION 2. Said article is further amended by revising paragraph (6) of Code Section 47-1-20, relating to definitions, as follows:
'(6) 'Public employment related crime' means any one or more of the following crimes: (A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (3) of subsection (a) of Code Section 16-8-12; (B) Any felony provided for in Article I of Chapter I 0 of Title 16, relating to abuse of governmental office; (C) Making false statements or concealing facts in matters within the jurisdiction ofthe state or a political subdivision as provided in Code Section 16-10-20; (D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21; (E) Stealing, altering, or concealing public records as provided in Code Section 45-11-1; (F) Selling offices or dividing fees as provided in Code Section 45-11-2; and (G) Any felony conviction for any of the crimes specified in subparagraphs (A) through (E) of this paragraph under the laws of any other state or the United States; provided, however, that the provisions of this subparagraph shall apply to persons who first or again become members of a public retirement system on or after July 1, 2008.'

SECTION 3. Said article is further amended by revising subsection (b) of Code Section 47-1-22, relating to forfeiture of rights and benefits by public employees after July 1, 1985, for committing public employment related crimes and reimbursement of contributions, as follows:
'(b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, upon final conviction such person's benefits under a public retirement or pension system, including any survivor's benefits if applicable, shall be reduced by an amount equal to three times

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the economic impact of the crime, as determined pursuant to the provisions of Code Section 47-1-25. Payment of such benefits shall cease until such amount has been forfeited, after which benefits shall be restored. If the person has not begun to receive a benefit, the deduction shall commence at the time such benefits would normally begin. For purposes of this subsection, the term 'benefit' shall not include a refund of employee contributions without interest.

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
.47-1-22.2. Upon the final conviction of any person for a public employment related crime, the prosecuting attorney shall so notify the defendant's former public employer and any public retirement system in which he or she knows the convicted public employee to be an active, inactive, or retired member. Upon such notification, the public employer shall also notify any such public retirement system.'

SECTION 5. Said article is further amended by adding a new Code section to read as follows:
.47-1-25. Within 30 days following the day the board oftrustees receives notice that a member of the retirement system has been convicted of an employment related crime, the board shall initiate proceedings in the Office of State Administrative Hearings, under the provisions of Article 2 of Chapter 13 ofTitle 50, to determine the economic impact ofthe employment related crime. Such matter shall be deemed to be a contested case within the meaning of such article. The Department of Law shall represent the board of trustees in such proceedings. The decision of the administrative law judge shall be final unless appeal is made as otherwise provided by law.'

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

Approved May 6, 2008.

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CRIMES- MARIJUANA FLAVORED PRODUCTS.

No. 415 (House Bill No. 280).

AN ACT

To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to present legislative findings; to define terms; to ban the sale of marijuana flavored products to minors; to provide for a penalty; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by inserting a new Code section to read as follows:
'16-13-30.6. (a) As used in this Code section, the term:
(1) 'Marijuana flavored product' means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall include, but is not limited to, 'Chronic Candy,' 'Kronic Kandy,' or 'Pot Suckers.' (2) 'Minor' means any person under the age of 18 years. (3) 'Person' means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, limited liability company, joint venture, joint stock association, or other entity or business organization of any kind. (b) The General Assembly finds and determines that: (1) According to the '2004 Monitoring the Future Study' conducted by the University of Michigan, 16.3 percent of eighth graders, 35.I percent of tenth graders, and 45.7 percent of twelfth graders reported using marijuana at least once during their lifetimes; (2) According to a 2002 Substance Abuse and Mental Health Service Administration report, 'Initiation of Marijuana Use: Trends, Patterns and Implications,' the younger children are when they first use marijuana, the more likely they are to use cocaine and heroin and become drug dependent as adults; (3) Marijuana abuse is associated with many negative health effects, including frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, and panic attacks; (4) Marijuana users have many of the same respiratory problems that are associated with tobacco use;

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(5) According to the '2001 National Household Survey on Drug Abuse,' marijuana is the nation's most commonly used illicit drug, and more than 83,000,000 Americans aged 12 and older have tried marijuana at least once; (6) Use of marijuana has been shown to lower test scores among high school students, and workers who smoke marijuana are more likely to have problems on their jobs; (7) Federal, state, and local governments spend millions ofdollars annually on programs educating people about the hazards of drugs, and the marketing of marijuana flavored substances would have an adverse impact upon these programs; (8) The sale of marijuana flavored products, including lollipops and gum drops, which claim 'every lick is like taking a hit' is a marketing ploy that perpetuates an unhealthy culture and should not be permitted in the State of Georgia; (9) Marijuana flavored products are a threat to minors in the State of Georgia because such products give the false impression that marijuana is fun and safe; (1 0) Marijuana flavored products packaged as candy or lollipops falling into the hands of unsuspecting minors may serve as a gateway to future use of marijuana and other drugs; and (11) Merchants who sell marijuana flavored products are promoting marijuana use and creating new customers for drug dealers in the State of Georgia. Therefore, the purpose ofthis law is to prohibit the purchase and sale ofmarijuana flavored products to minors in the State of Georgia. (c) It shall be unlawful for any person knowingly to sell, deliver, distribute, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, or provide to a minor any marijuana flavored product in the State of Georgia. (d) It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any marijuana flavored product. (e) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and shall be subject to a fine of $500.00 for each offense. Each sale in violation of this Code section shall constitute a separate offense.'

SECTION 2. This Act shall become effective on July I, 2008, and shall apply to offenses committed on or after that date.

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

Approved May 6, 2008.

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ELECTIONS- SPECIAL ELECTION DATES; QUESTIONS TO VOTERS.

No. 416 (House Bill No. 296).

AN ACT

To amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections to submit questions to the voters shall be held on certain dates; 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 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, is amended by revising subsection (c) as follows:
'(c)(!) Notwithstanding any other provision of law to the contrary, a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and
(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November.
(2) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special election shall only be held on the third Tuesday in March or on the Tuesday after the first Monday in November; and (B) In even-numbered years, any such special election shall only be held on:
(i) The date of and in conjunction with the presidential preference primary if one is

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held that year; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November. (3) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; and (B) Special primaries or special elections to fill vacancies in federal or state public offices.'

SECTION 2. This Act shall become effective on January 1, 2010.

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

Approved May 6, 2008.

RETIREMENT- SHERIFFS; DEATH BENEFITS.
No. 417 (House Bill No. 358).
AN ACT
To amend Code Section 47-16-102 of the Official Code of Georgia Annotated, relating to death benefits under the Sheriffs' Retirement Fund of Georgia, beneficiaries, and the procedure for designation of beneficiary to receive such benefits, so as to increase the amount of the death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-16-102 ofthe Official Code ofGeorgia Annotated, relating to death benefits under the Sheriffs' Retirement Fund of Georgia, beneficiaries, and the procedure for designation of beneficiary to receive such benefits, is amended by revising paragraph (2) as follows:
'(2) In addition to the death benefits provided in paragraph (I) of this Code section, upon

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the death of any inactive member who would otherwise qualify to be carried upon the active membership rolls but for the fact that the member no longer holds the office of sheriff, any member who is receiving retirement benefits, or any member who is otherwise qualified to receive retirement benefits from this fund except that the member has not reached the age of 55 years or has not filed an application or has not been approved for retirement benefits, the sum of $15,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to the member's named beneficiary, if any, or to the member's estate, in that order. Upon the death of any active member, the sum of$15,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to the member's named beneficiary, if any, or to the member's estate, in that order;'

SECTION 2. This Act shall become effective on July I, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, 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 6, 2008.

MENTAL HEALTH- DISABILITY SERVICES OMBUDSMAN.
No. 418 (House Bill No. 535).
AN ACT
To amend an Act providing for the state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved Aprill9, 2000 (Ga. L. 2000, p. 440), so as to repeal certain provisions providing for state and community officials; to amend an Act providing for the state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324), so as to repeal certain provisions providing for state and community officials; to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other

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disability services, so as to create the office of disability services ombudsman; to provide for definitions; to provide for the appointment, qualifications, and term of a disability services ombudsman; to provide for a nominating committee for selecting the ombudsman; to provide for the organization of the office of disability services ombudsman; to provide for duties; to provide for the release of certain information to the ombudsman; to provide for penalties; to provide for a medical review group to review the deaths ofconsumers; to provide for limited liability; to provide for statutory construction; to provide for the appointment, duties, and compensation of the medical review group; to provide for related matters; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Section I ofthe Act providing for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440) is repealed in its entirety.

SECTION 2. Section 1-8 of the Act providing for a state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324) is repealed in its entirety.

SECTION 3. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by adding a new Article 2 to read as follows:

'ARTICLE 2 Part I

37-2-30. As used in this article, the term:
(1) 'Advance directive for health care' means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 31-32-5. (2) 'Clinical record' means a written record pertaining to an individual consumer and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a services provider or other entities responsible for a consumer's care and treatment under this chapter and which pertains to the consumer's hospitalization, treatment, or habilitation. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 and shall include natural persons who are

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seeking disability services. (4) 'Durable power of attorney for health care' means a written document voluntarily executed by an individual creating a health care agency in accordance with Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007. (5) 'Estate representative' means an executor, executrix, administrator, or administratrix of the estate of a deceased consumer. (6) 'Guardian' shall have the same meaning as provided in Code Section 29-1-1. (7) 'Health care agent' means an agent under a durable power of attorney for health care or health care agent under an advance directive for health care. (8) 'Office' means the office of disability services ombudsman created pursuant to subsection (a) of Code Section 37-2-31. (9) 'Ombudsman' means the disability services ombudsman appointed as provided for in Code Section 37-2-32. (10) 'Rights' means such rights as provided by statute, rule, or regulation for a consumer of a services provider. (11) 'Services provider' means a public or private person, corporation, or business which provides disability services operated by the division, under letter of agreement with the division, or under contract with the division. (12) 'Safety' means freedom from physical harm. (13) 'Well-being' means quality oflife of a consumer, including the environment of care.

37-2-31. (a) There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman. (b) The office and the ombudsman shall:
(1) Be charged with promoting the safety, well-being, and rights of consumers; (2) Have the powers and duties set forth in this article; and (3) Act independently of any state official, department, or agency in the performance of duties. (c) The office and ombudsman shall be assigned to the office of the Governor for administrative purposes only.

37-2-32. (a) A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article. (b) The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following:

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(1) A former consumer of the division; (2) A current consumer of the division; (3) A representative of the department; (4) A representative of an advocacy organization for consumers; (5) A representative of law enforcement; (6) A licensed psychiatrist; (7) A psychologist; (8) A registered professional nurse; and (9) A representative of the executive branch of the state government of Georgia. (c) Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson. (d) The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor.

37-2-33. (a) The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman. (b) The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman.

37-2-34. The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of:
(1) Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section 37-2-36; (2) Protecting confidential clinical records and protected health information from further disclosure through or by the ombudsman and the office of the ombudsman; and (3) Ensuring the department's compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto.

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37-2-35. The ombudsman shall:
(1) Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the safety, well-being, and rights of consumers and any policies and procedures necessary to implement the provisions of this article; (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to the safety, well-being, and rights of consumers and is authorized to:
(A) Prioritize investigations, reporting, and recommendations based on the seriousness and pervasiveness of the alleged act or failure to act; and (B) Refer to the services provider those complaints deemed appropriate for resolution by the services provider; (3) Establish a uniform state-wide complaint process; (4) Collect and record data relating to complaints and findings with regard to services providers and analyze such data in order to identify adverse effects upon the safety, well-being, and rights of consumers; (5) Promote the interests of consumers before governmental agencies and seek administrative and other remedies to protect the safety, well-being, and rights of
consumers by: (A) Analyzing, commenting on, and monitoring the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the safety, well-being, and rights of consumers; and (B) Recommending any changes in such laws, regulations, policies, and actions as the ombudsman determines to be appropriate;
(6) Make a biennial written report documenting the types of complaints and problems reported by consumers and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The biennial report shall be submitted to the Governor, the General Assembly, the commissioner, and other appropriate agencies and organizations and made available to the public. The ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall not identify any consumer by name or by implication without the express written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is so authorized to make such a decision and the consumer is unable to do so; and (7) Serve as a member of the medical review group established pursuant to Code Section 37-2-45.

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37-2-36. (a) The ombudsman on his or her initiative or in response to complaints made by or on behalf of consumers may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The ombudsman shaii have the authority to enter any facility, premises, or property where disability services are provided. Upon entering such facility, premises, or property, the ombudsman shaii notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any consumer. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentiaiiy with consumers in such facility, premises, or property individuaiiy or in groups. (c) The ombudsman shaii have the authority to inspect the entire facility, premises, or property and have access to the administrative records, policies, and documents of the facility, premises, or property. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to consumers. (d) The ombudsman shall have access to the clinical records of any consumer if:
(1) The ombudsman has written consent of the consumer, or if applicable the parent of a minor consumer, the guardian ofthe consumer, or the health care agent of the consumer if the agent is authorized to make such a decision and the consumer is unable to do so; or (2) The consumer lacks the capacity to consent to the review and has no guardian of the consumer or health care agent who is authorized to make such a decision. (e) The ombudsman shall identify himself or herself as such to the consumer, and the consumer shall have the right to communicate or refuse to communicate with the ombudsman. (f) The consumer, the parent of a minor consumer, the consumer's guardian, or the health care agent of the consumer if the health care agent is authorized to make such a decision and the consumer is unable to do so, shall have the right to participate in planning any course of action to be taken on the consumer's behalf by the ombudsman, and the consumer, parent of a minor consumer, guardian, or health care agent of the consumer if the agent is so authorized, shall have the right to approve or disapprove any proposed action to be taken on the consumer's behalf by the ombudsman. (g) The ombudsman shall have the authority to obtain from any department, governmental agency, or services provider, and such department, agency, or services provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (h) The ombudsman shall report for investigative purposes any and all: (1) Suspected criminal activity to the appropriate law enforcement agency; (2) Suspected abuse, neglect, exploitation, or abandonment of a consumer by any person

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to the appropriate federal or state regulatory authority; and (3) Suspected violations of any professional code of conduct to the appropriate licensing
board. (i) The ombudsman shall provide information and procedural guidance to any person who requests assistance in making a report of suspected abuse, neglect, exploitation, or abandonment of a consumer by any person:
(1) To the appropriate law enforcement agency if criminal activity is suspected; or (2) To the appropriate federal or state regulatory authority ifabuse, neglect, exploitation, or abandonment of a consumer is suspected.

37-2-37. (a) Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation and conciliation. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency. (b) Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency.

37-2-38. (a) The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding. (b) The identity of any and all consumers involved in or mentioned in an investigation, whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer.

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37-2-39. The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number ofthe office and the ombudsman. The administrator or person in charge of such services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumer's guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumer's first receiving disability services.

37-2-40. (a) No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the ombudsman. (b) Any person violating this Code section shall be guilty of a misdemeanor.

37-2-41. The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman.

37-2-42. No person providing information, including but not limited to a consumer's records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.

37-2-43. (a) Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such complaint or information is false and the person making such complaint or providing such information knew or had reason to believe that it was false. (b) The ombudsman and employees of the office of ombudsman shall be held harmless, including legal fees and costs, if any, in any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties for any action taken

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under this article if the action was taken in good faith, was within the scope of the ombudsman's authority, and did not constitute willful or reckless misconduct.

37-2-44. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.

37-2-45. (a) The Governor shall appoint a medical review group to conduct medical reviews of all deaths of consumers in state hospitals or state operated community residential services, which shall serve at the pleasure of the Governor. The medical review group shall consist ofthe ombudsman and four board certified physicians, one ofwhom shall be a psychiatrist. Three members of the medical review group shall constitute a quorum. The ombudsman shall serve as the chairperson and shall appoint a vice chairperson. (b) The physician members of the medical review group shall receive such compensation, if any, as may be fixed by the Governor. Such physician members shall be reimbursed for expenses incurred by them in performance of their duties such as transportation, lodging, and subsistence, at the same rate as members of the General Assembly. (c) The medical review group:
(1) Shall be a review organization and shall conduct reviews of deaths of consumers in state hospitals and state operated community residential services as peer reviews pursuant to Article 6 of Chapter 7 of Title 31; (2) Shall review, within 60 days of notice of the death, all deaths of consumers:
(A) Occurring on site of a state hospital or state operated community residential services providing services under this title; (B) In the company of staff of a state hospital or state operated community residential services providing services under this title; or (C) Occurring within two weeks following the consumer's discharge from a state hospital or state operated community residential services; (3) Shall have access to all clinical records of the consumer, all investigations conducted by the department, state hospitals, or state operated community residential services regarding the death, and all reviews of the death, including peer reviews; (4) May interview staff of the state hospitals and state operated community residential services, and other persons involved in the events immediately preceding and involving the death; (5) Shall determine whether the death was the result of natural causes or may have resulted from other than natural causes; (6) Shall determine whether the death requires further investigation or review; (7) May make confidential recommendations to the ombudsman, the department, the division, the state hospitals, and state operated community residential services regarding consumer treatment and care, policies, and procedures, which may assist in the

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prevention of deaths; and (8) Shall report to the appropriate law enforcement agency any suspected criminal activity or suspected abuse and shall report any suspected violation of any professional code of conduct to the appropriate licensing board. (d) All peer review records submitted to or produced or created by the medical review group and the findings and recommendations of the medical review group, except for the quarterly reports, shall remain confidential and shall not be considered public records under Article 4 of Chapter 18 of Title 50.

37-2-46. (a) Within 24 hours after a consumer suffers death, the division, governmental agency, or services provider shall notify the ombudsman of such death; provided, however, that for a death occurring within two weeks following the consumer's discharge from a state hospital or state operated community residential services, the division, governmental agency, or services provider shall notify the ombudsman of such death within 24 hours of knowledge of such death. (b) The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section 37-2-45 shall not be limited by the type of disability services received or applied for by the consumer at anytime after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section 37-2-47 notwithstanding.

37-2-47. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease.

Part 2

37-2-50. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, investigate, refer, and attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease.8

SECTION 4. This Act shall become effective on July I, 2008, except that:

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(1) Part 1 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure; and (2) Part 2 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure.

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

Approved May 6, 2008.

EDUCATION- SALES BY SCHOOL BOARD MEMBER TO SCHOOL BOARD; PROHIBITION EXCEPTION.
No. 419 (House Bill No. 602).
AN ACT
To amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, so as to provide an exception to such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-505 ofthe Official Code ofGeorgia Annotated, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, is amended by revising subsection (a) as follows:
'(a) No member of any county board of education in this state shall sell to any county board any supplies or equipment used, consumed, or necessary in the operation of any public school in this state unless there are fewer than three sources for such supplies or equipment within the county; provided, however, that any purchase pursuant to this subsection for supplies or equipment that is equal to or greater than $10,000.00 shall be approved by a majority of the members of the board in an open public meeting.'

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

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

Approved May 6, 2008.

RETIREMENT- TEACHERS; DIVORCE; BENEFIT REVOCATION OPTION.
No. 420 (House Bill No. 656).
AN ACT
To amend Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, so as to provide that a member who upon retirement elects survivor's benefits for a spouse and another may, in the event of divorce, revoke such election as to the spouse; to provide that the member may elect to reallocate the spouse's share amount among the other beneficiaries or such beneficiaries shall continue to be entitled to the same benefit; to provide for a recalculation of the member's benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, is amended by adding a new subsection to read as follows:
(1) If a member has elected an optional allowance under this Code section and has nominated his or her spouse and one or more other persons to receive all amounts and benefits payable on or after his or her death as a result of such election, then after the entry of a final judgment of complete divorce from the spouse so nominated the member may revoke the election as to such spouse. Upon any such revocation, the member may elect one of the following options:
(I) The member may allocate the spouses percentage among the beneficiaries other than the spouse, in which event the member's benefit shall be recalculated to compensate for

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the remaining survivor's benefit as determined by an actuary; or (2) The beneficiaries other than the spouse shall continue to be entitled to receive the same percentage of the member's retirement allowance they had before the revocation, and the member's benefit shall return to the allowance which would otherwise be payable to him or her if he or she had not elected such option, reduced to compensate for the remaining survivor's benefit as determined by an actuary. This subsection shall apply to final judgments received by the retirement system on or after July I, 2008. Any adjustments shall be effective on the first day of the month following the receipt ofthe final judgment by the retirement system. In no event shall any adjustment be made effective retroactively:

SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, 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 6, 2008.

RETIREMENT -PEACE OFFICERS; FUND MEMBERSHIP.
No. 421 (House Bill No. 732).
AN ACT
To amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that certain persons employed by the Composite State Board of Medical Examiners shall be eligible for membership in such 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:

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SECTION 1. Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, is amended by revising subparagraph (I) of paragraph (5) as follows:
'(I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act':
(i) Persons employed by the Department of Juvenile Justice who have been designated by the commissioner of juvenile justice to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Juvenile Justice whose full-time duties include the preservation ofpublic order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49; (ii) Narcotics agents retained by the director ofthe Georgia Bureau oflnvestigation pursuant to the provisions of Code Section 35-3-9; (iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10; (iv) Investigators employed by the Secretary of State as investigators for the professional licensing boards pursuant to the provisions of Code Section 43-1-5; (v) Persons employed by the Department of Motor Vehicle Safety to whom the commissioner of motor vehicle safety has delegated law enforcement powers; provided, however, that no such person shall be entitled to obtain any prior creditable service other than actual membership service; and (vi) Persons employed by the Composite State Board of Medical Examiners as investigators pursuant to subsection (e) of Code Section 43-34-24.1;'

SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, 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 6, 2008.

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MOTOR VEHICLES -DISABLED PERSONS; PARKING PERMITS;
LICENSE PLATES.

No. 422 (House Bill No. 961).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-2-74.1, relating to special parking permits for persons with disabilities, by revising subsections (a), (b), and (c) as follows:
'(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 licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a disabled person, the specific disability that limits or impairs the persons 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. The front and back surfaces of the permit shall be laminated to prevent alteration ofthe information printed underneath on the permit. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution shall use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities.

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(b) The department shall issue a temporary permit to any temporarily disabled person upon presentation ofan affidavit ofa licensed doctor of medicine, licensed doctor ofosteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor 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 vary in color from one period to the next renewal period and shall show prominently on its face an expiration date the same as the date specified by such doctor 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 machine printed, not handwritten, in boldface type of sufficient size to be 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 permanently disabled person upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor 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 paragraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation ofindividuals 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 ofthe 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 machine printed, not handwritten, in boldface type of sufficient size to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror.'

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

Approved May 6, 2008.

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PROPERTY- UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT.

No. 423 (House Bill No. 972).

AN ACT

To amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Chapter 15, relating to the management of institutional funds, in its entirety as follows:

'CHAPTER 15

44-15-1. This chapter shall be known and may be cited as the 'Uniform Prudent Management of Institutional Funds Act.'

44-15-2. As used in this chapter, the term:
(I) 'Charitable purpose' means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. (2) 'Endowment fund' means an institutional fund, or any part thereof, that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term shall not include assets that an institution designates as an endowment fund for its own use. (3) 'Gift instrument' means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. (4) 'Institution' means:
(A) A person, other than an individual, organized and operated exclusively for

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charitable purposes; (B) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and (C) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated. (5) 'Institutional fund' means a fund held by an institution exclusively for charitable purposes. The term shall not include: (A) Program related assets; (B) A fund held for an institution by a trustee that is not an institution; or (C) A fund in which a beneficiary who is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund. (6) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (7) 'Program related asset' means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment. (8) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

44-15-3. (a) Subject to the intent of a donor expressed in a gift instrument or any express written agreement between the donor and the institution, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest such fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, considering the purposes, terms, distribution requirements, and other circumstances of the institutional fund. (c) In managing and investing an institutional fund, an institution:
(I) May incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution and the institutional fund, and the skills reasonably available to the institution; and (2) Shall make a reasonable effort to verify facts relevant to the management and investment of such fund. (d) An institution may pool two or more institutional funds for purposes of management and investment. (e) Except as otherwise provided by a gift instrument, the following rules apply: (I) In managing and investing an institutional fund, the following factors, if relevant, shall be considered:

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(A) General economic conditions; (B) The possible effect of inflation or deflation; (C) The expected tax consequences, if any, of investment decisions or strategies; (D) The role that each investment or course of action plays within the overall investment portfolio of such fund; (E) The expected total return from income and the appreciation of investments; (F) Other resources of the institution; (G) The needs of the institution and such fund to make distributions and to preserve capital; and (H) An asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; (2) Management and investment decisions about an individual asset shall not be made in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the institutional fund and to the institution; (3) An institution may invest in any kind of property or type of investment consistent with this Code section; (4) An institution shall reasonably manage the risk of concentrated holdings of assets by diversifying the investments of the institutional fund or by using some other appropriate mechanism, except as provided in this paragraph, as follows: (A) The duty imposed by this paragraph shall not apply if the institution reasonably determines that, because of special circumstances, or because of the specific purposes, terms, distribution requirements, and other circumstances of the institutional fund, the purposes of such fund are better served without complying with the duty. For purposes of this paragraph, special circumstances shall include an asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; (B) No person responsible for managing and investing an institutional fund shall be liable for failing to comply with the duty imposed by this paragraph to the extent that the terms of the gift instrument or express written agreement between the donor and the institution limits or waives the duty; and (C) The governing board of an institution may retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable; (5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to the rebalancing of a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution or the institutional fund as necessary to meet other circumstances of the institution or the institutional fund and the requirements of this chapter; and (6) A person that has special skills or expertise, or is selected in reliance upon the person's representation that such person has special skills or expertise, has a duty to use those skills or expertise in managing and investing institutional funds.

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44-15-4. (a) Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate assets, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(I) The duration and preservation of the endowment fund; (2) The purposes of the institution and the endowment fund; (3) General economic conditions; (4) The possible effect of inflation or deflation; (5) The expected total return from income and the appreciation of investments; (6) Other resources of the institution; and (7) The investment policy of the institution. (b) To limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section, a gift instrument shall specifically state the limitation. (c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only income, interest, dividends, or rents, issues, or profits, or to preserve the principal intact, or other words of similar meaning shall: (I) Create an endowment fund of permanent duration, unless otherwise provided by the gift instrument for limiting the duration of such fund; and (2) Not otherwise limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section.

44-15-5. (a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(I) Selecting an agent; (2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and (3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation. (b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation. (c) An institution that complies with subsection (a) of this Code section shall not be liable

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for the decisions or actions of an agent for the performance of a delegated function. (d) By accepting the delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function. (e) An institution may delegate management and investment functions to its committees, officers, or employees as otherwise authorized by law.

44-15-6. (a) If the donor or a donor's designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an institutional fund to be used for a purpose other than a charitable purpose of the institution. (b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of such fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of such fund. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention. (c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application ofan institution, may modify the purpose of such fund or the restriction on the use of such fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. (d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:
(1) The institutional fund subject to the restriction has a total value of less than $100,000.00; (2) More than 20 years have elapsed since the institutional fund was established; and (3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

44-15-7. Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. This chapter

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applies to institutional funds existing on or established after July I, 2008. As applied to institutional funds existing on July 1, 2008, this chapter governs only decisions made or actions taken on or after that date. This chapter shall not authorize electronic delivery of any legally required notice.

44-15-8. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it:

SECTION 2. This Act shall become effective on July I, 2008.

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

Approved May 6, 2008.

LOCAL GOVERNMENT- PROHIBIT BACKDATED LICENSE OR PERMIT.
No. 424 (House Bill No. 975).
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations in general, is amended by adding a new Code Section 36-60-26 to read as follows:

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'36-60-26. (a) It shall be unlawful for any county, municipal corporation, or other issuing authority to issue any backdated license, permit, or other authorizing document, including but not limited to any building permit, sign permit, occupation tax certificate, zoning action, subdivision ofland, final plat, or other similar authorization, in any territorial or geographic area which, due to the formation of a county, incorporation of a municipality, annexation or deannexation of territory, or other action, is no longer within the regulatory jurisdiction of said issuing authority. For purposes of this Code section, a license, permit, or other authorizing document shall be considered to be backdated if it in any manner purports to have been issued or have become effective prior to its actual date of issuance. (b) A license, permit, or other authorizing document in violation of this Code section shall be void in its entirety, and no person shall acquire any rights thereunder. (c) Any county or municipal officer or employee who knowingly violates this Code section shall be upon conviction guilty of a misdemeanor.'

SECTION 2. The General Assembly declares its belief that this Act is declaratory of previously existing law; and the passage of this Act shall not be construed to imply that prior law was to the contrary.

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 6, 2008.

HIGHWAYS, BRIDGES, AND FERRIESCONCRETE HAULERS; WEIGHT VARIANCES.
No. 425 (House Bill No. 981).
AN ACT
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide that concrete

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haulers are entitled to the same weight variance granted to feed and granite haulers; 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended in Code Section 32-6-26, relating to weight of vehicle and load, by revising subsection (g) as follows:
(g)( I) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not an interstate highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the first point of marketing or processing; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm; (D) Hauling granite, either block or sawed, 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; (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility; or (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph. (2) A vehicle which is hauling the products listed in subparagraph (A) or (B) of paragraph (I) of this subsection or which is hauling any other agricultural or farm product from a farm to the first point of marketing or processing shall be permitted a 5 percent variance from the weight limitations in paragraph (I) of this subsection within a I00 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of paragraph (I) of this subsection, including the variance allowed by this paragraph. (3) A vehicle which is hauling the products listed in subparagraph (C), (D), or (F) of

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paragraph (1) of this subsection shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 100 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of paragraph (1) of this subsection and not on the basis of the variance allowed by this paragraph. (4) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle.'

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 6, 2008.

LAW ENFORCEMENT- ARREST POWERS; OUT-OF-STATE OFFICERS.
No. 426 (House Bill No. 983).
AN ACT
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to provide for the arrest ofcertain offenders by out-of-state law enforcement officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
'35-1-15. (a) As used in this Code section, the term:
(1) 'Fresh pursuit' means pursuit by a law enforcement officer of a person who is in

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immediate and continuous flight from the commission of a criminal offense. (2) 'Law enforcement officer' means a person employed or appointed by a state or political subdivision who is granted, by state law, the authority to enforce criminal, traffic, or penal laws of their respective state and who possesses the power to effect arrests. (b) A law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee who enters this state in fresh pursuit of a person shall have the same authority to arrest and hold in custody such person within this state as that of a law enforcement officer of this state. Provided, however, that the authority granted by this Code section shall be limited to criminal offenses of the pursuing state that also are criminal offenses under the laws of this state and that are punishable by death or imprisonment in excess of one year under the laws of the pursuing state. (c)( I) When an arrest is made in this state by a law enforcement officer of another state pursuant to this Code section, the law enforcement officer shall, without unnecessary delay, take the person arrested before a judicial officer of this state. (2) The judicial officer shall conduct a hearing for the limited purpose of determining whether such arrest meets the requirements of this Code section unless the person arrested executes a written waiver of his or her right to a hearing under this Code section. If the judicial officer determines that such arrest was unlawful, he or she shall discharge such person arrested. If the judicial officer determines that such arrest was lawful, he or she shall commit such person arrested to imprisonment as provided in Code Section 17-13-35. Once such person is imprisoned pursuant to this Code section, the provisions of Chapter 13 of Title 17 of the Official Code of Georgia Annotated govern the extradition and return of such person to the state in which the criminal offense was committed. (d) This Code section shall apply only to a law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee where the state in which the law enforcement officer is employed or appointed has enacted a provision similar to this Code section relating to the arrest and custody of a person pursued into a neighboring state.'

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

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

Approved May 6, 2008.

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EDUCATION -REVENUE -GEORGIA HIGHER EDUCATION SAVINGS PLAN; TRUST ACCOUNTS.

No. 427 (House Bill No. 1014).

AN ACT

To amend Titles 20 and 48 ofthe Official Code of Georgia Annotated, relating, respectively, to education and revenue and taxation, so as to revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding taxation ofnonresidents' entire net income; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (1) of Code Section 20-3-631, relating to purpose regarding the Georgia Higher Education Savings Plan, as follows:
'(1) Provide a program or programs of savings trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code or other applicable federal law;'

SECTION 2. Said title is further amended by revising paragraph (10) of Code Section 20-3-632, relating to definitions regarding the Georgia Higher Education Savings Plan, as follows:
'(10) 'Program' means a program of savings trust agreements and savings trust accounts provided by the plan under Section 529 of the Internal Revenue Code or other applicable federal law.'

SECTION 3. Said title is further amended by revising paragraph (l) of subsection (a) of Code Section 20-3-633, relating to the creation ofthe Georgia Higher Education Savings Plan, as follows:
'(a)(l) There is created the Georgia Higher Education Savings Plan, as a body corporate and politic and an instrumentality of the state, for purposes of establishing and maintaining the Georgia Higher Education Savings Plan Trust Fund and qualified tuition

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programs under Section 529 of the Internal Revenue Code as provided by this article. The plan shall be governed by a board of directors consisting of the Governor as chairperson, the Chancellor ofthe Board ofRegents ofthe University System of Georgia, the commissioner of technical and adult education, the executive director of the Georgia Student Finance Commission, the state auditor, the director of the Office of Planning and Budget, the state revenue commissioner, three directors who shall be appointed by and serve at the pleasure of the Governor, and the director of the Office of Treasury and Fiscal Services who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board."

SECTION 4. Said title is further amended by revising paragraphs (11) and (12) of subsection (b) of Code Section 20-3-633, relating to the board of directors of such plan, as follows:
"(II) Solicit proposals and contract for the marketing of the program, provided that any materials produced by a marketing contractor for the purpose of marketing the program must be approved by the board before being made available to the public, unless otherwise directed by the board, establish a name for the program, and adopt and use marketing names, brands, logos, or other descriptions or representations of the program as may be deemed desirable or convenient for promoting, publicizing, or otherwise marketing the program within this state, outside this state, or both; (12) Delegate responsibility for administration ofany program to a financial organization that the board determines is qualified;"

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 20-3-634, relating to savings trust accounts, as follows:
"(a) The plan, through one or more programs, shall make savings trust agreements and savings trust accounts available to the public, under which account owners or account contributors may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state shall not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full. Savings trust agreements shall be available to both residents ofthe State ofGeorgia and nonresidents ofthe State of Georgia. One or more savings trust accounts may be established for any qualified beneficiary, subject to the limitations of this article."

SECTION 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subparagraph (D) of paragraph (11) of Code Section 48-7-1, relating

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to definitions regarding state income tax, as follows: '(D) Every individual who is not a resident of this state for income tax purposes and who makes a withdrawal as provided for in paragraph (I 0) of subsection (b) of Code Section 48-7-27.'

SECTION 7. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraphs (11) and (11.1) of subsection (a) as follows:
'(11) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2007:
(A) An amount equal to the amount of contributions by parents or guardians of a designated beneficiary to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary who is claimed as a dependent on the Georgia income tax return of the beneficiary's parents or guardians, but not exceeding $2,000.00 per beneficiary; (B) If the parents or guardians file joint returns, separate returns, or single returns, the sum of contributions constituting deductions on their returns under this paragraph shall not exceed $2,000.00 per beneficiary; (C) In order to claim the deduction for a taxable year:
(i) Such parent or guardian must have claimed and been allowed itemized deductions pursuant to Section 63(d) of the Internal Revenue Code of 1986 and paragraph (1) of this subsection; (ii) The federal adjusted gross income for such taxable year cannot exceed $100,000.00 for a joint return or $50,000.00 for a separate or single return except as provided in subparagraph (D) of this paragraph; and (iii) Such parent or guardian must be the account owner of the designated beneficiary's account; (D) The maximum deduction authorized by this paragraph for each beneficiary shall decrease by $400.00 for each $1,000.00 of federal adjusted gross income over $100,000.00 for a joint return or $50,000.00 for a separate or single return; and (E) For purposes ofthis paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account pursuant to Section 219(f)(3) of the Internal Revenue Code of 1986; (11.1) For taxable years beginning on or after January 1, 2007: (A) An amount equal to the amount of contributions to a savings trust account established pursuant to Article 11 of Chapter 3 of Title 20 on behalf of the designated beneficiary, but not exceeding $2,000.00 per beneficiary; (B) If the contributor files a separate return or single return, the sum of contributions constituting deductions on the contributor's return under this paragraph shall not exceed $2,000.00 per beneficiary;

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(C) If the contributor files a JOmt return, the sum of contributions constituting deductions on the contributor's return under this paragraph shall not exceed $2,000.00 per beneficiary; and (D) For purposes of this paragraph, contributions or payments for any such taxable year may be made during or after such taxable year but on or before the deadline for making contributions to an individual retirement account under federal law for such taxable year;'

SECTION 8. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraph (10) of subsection (b) as follows:
'(IO)(A) Except as otherwise provided in subparagraph (C) of this paragraph, the amount of any qualified withdrawals from a savings trust account under Article 11 of Chapter 3 of Title 20 shall not be subject to state income tax under this chapter; (B) For withdrawals other than qualified withdrawals from such a savings trust account, the proportion of earnings in the account balance at the time ofthe withdrawal shall be applied to the total funds withdrawn to determine the earnings portion to be included in the account owner's taxable net income in the year of withdrawal; and (C) For withdrawals other than qualified withdrawals from such a savings trust account and for withdrawals from such a savings trust account which are rolled over to a qualified tuition program other than the qualified tuition program established under Article II of Chapter 3 of Title 20, the proportion of the contributions in an account balance at the time of a withdrawal which previously have been used to reduce taxable net income pursuant to subsection (a) of this Code section shall be applied to the nonearnings portion ofthe total funds withdrawn to determine an amount to be included in the account owner's taxable net income in the same taxable year.'

SECTION 9. Said title is further amended in Code Section 48-7-30, relating to taxation of nonresidents' entire net income, by revising subsection (a) as follows:
'(a) The tax imposed by this chapter shall apply to the entire net income of a taxable nonresident derived from employment, trade, business, professional, or other activity for financial gain or profit performed or carried on within this state including, but not limited to, the rental of real or personal property located within this state or for use within this state, the sale, exchange, or other disposition of tangible or intangible property having a situs in this state, the receipt of proceeds of any lottery prize awarded by the Georgia Lottery Corporation, and withdrawals of contributions to a savings trust account under Article 11 of Chapter 3 of Title 20 which are required to be included in taxable net income as provided in subparagraph (b)(lO)(C) of Code Section 48-7-27.'

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SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 8 and 9 of this Act shall be applicable to all taxable years beginning on or after January I, 2008.

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

Approved May 6, 2008.

GAMES AND FISH-WATER DEMARCATION LINES; BLUE CRAB RESOURCE.
No. 428 (House Bill No. 1016).
AN ACT
To amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to provide for the salt-water and fresh-water demarcation lines; to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; 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 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by revising paragraph (I) of subsection (a) of Code Section 27-4-1, relating to the salt-water and fresh-water demarcation line, as follows:
'(I) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Marys River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and the point at which Georgia Highway 25 I South Carolina 170 crosses the Savannah River and its tributaries. All water seaward of these points shall be considered salt water; and'
SECTION 2. Said chapter is further amended by revising subsection (j) of Code Section 27-4-151, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, as follows:

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'(j) The commissioner shall have the power to close all or any portion of the salt waters of this state to commercial and recreational fishing for blue crabs or any component ofthe blue crab fishery, including peeler, soft, or sponge crabs. Any determination to close the salt waters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130.'

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

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

Approved May 6, 2008.

COURTS- SUPERIOR COURT; FILING FEES; CROSS-INDEXING.
No. 429 (House Bill No. 1018).
AN ACT
To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of fee provisions, so as to provide for additional filing fees for recording an instrument that requires cross-indexing to other previously recorded documents; to provide for additional filing fees for recording an instrument that cancels, satisfies, or releases certain liens; to require that clerks perform certain functions with regard to lien cancellations or requests for cross-indexing; to provide for recording by electronic means; 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 15-6-77 of the Official Code of Georgia Annotated, relating to fees and construction of other fee provisions, is amended by adding a new subsection to read as follows:
'(o) In addition to the fees required by this Code section: (1) When any instrument that is statutorily required to be cross-indexed, cancelled,

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satisfied, or released or when a party requests the clerk to cross-index an instrument that is not otherwise required by law to be cross-indexed to any other previously recorded or affected document, the clerk of superior court shall charge an additional fee of $2.00 for each additional cross-indexed entry; (2) For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(l)(A)(i) of this Code section, the filing fee specified in division (f)(l)(A)(i) of this Code section shall be charged for each such instrument which is to be cancelled, satisfied, or released; (3) For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(l)(A)(ii) of this Code section, the filing fee specified in division (f)(l)(A)(ii) of this Code section shall be charged for each such instrument which is to be cancelled, satisfied, or released; (4) For any instrument that includes a request for the clerk to cross-index the instrument to a previously recorded or affected instrument but for which cross-indexing is not otherwise required by law, the clerk shall file, index, record, and cross-index each such instrument for which a request has been made upon receiving payment from the requesting party as specified by paragraph (1) of this subsection and written information specifying accurately the instrument to be cross-indexed; (5) With respect to any instrument that includes a request for cancellation, satisfaction, or release of any instrument described in division (f)(l )(A)(i) or (f)(l)(A)(ii) of this Code section, the clerk shall file, index, and record the cancellation of each such instrument identified and requested to be cancelled provided that the requesting party pays the filing fee specified by paragraph (2) or (3) of this subsection, as applicable, and that such instrument accurately identifies the recording information for such instrument to be cancelled, satisfied, or released; and (6) For the purposes of this subsection and any other Code section requiring the clerk of superior court to cross-index, cross-reference, or make any other notation affecting any instrument filed in the clerk's office, including, but not limited to, real estate, personal property, liens, plats, and any other instruments, the clerk shall be authorized to make such entry or notation through electronic or automated means in lieu of entering such information manually in paper books or dockets.'

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

Approved May 6, 2008.

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DOMESTIC RELATIONS -CHILD FATALITY REVIEW.

No. 430 (House Bill No. 1051 ).

AN ACT

To amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panel's reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION l. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by revising subsection (o) of Code Section 19-15-3, relating to the county multiagency child fatality review committee and reporting, as follows:
'(o) Each local review committee shall issue an annual report no later than the first day of July in 2001 and in each year thereafter. The report shall:
(I) Specify the numbers of reports received by that review committee from a county medical examiner or coroner pursuant to subsection (h) of this Code section for the preceding calendar year; (2) Specify the number of reports of child fatality reviews prepared by the review committee during such period; (3) Be published at least once annually in the legal organ of the county or counties for which the review committee was established with the expense of such publication paid each by such county; and (4) Be transmitted, no later than the fifteenth day of July in 2001 and in each year thereafter, to the Georgia Child Fatality Review Panel.'

SECTION 2. Said chapter is further amended by revising subsection (i) of Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, as follows:
'(i) By January 1 of each calendar year, the panel shall submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the Judiciary Committees of the Senate and House of Representatives regarding the prevalence and circumstances ofchild fatalities in the state; recommend measures to reduce such fatalities caused by other than natural causes; and address in the report the following issues:
(1) Whether the deaths could have been prevented;

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(2) Whether the children were known to any state or local agency; (3) The actions, if any, taken by any state or local agency or court; (4) Whether agency or court intervention could have prevented their deaths; (5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and (6) Whether any referral should have been made to a law enforcement agency which was not made.'

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

Approved May 6, 2008.

REVENUE- SALES TAX FOR EDUCATION; CERTAIN CHARTER SCHOOLS.
No. 431 (House Bill No. 1065).
AN ACT
To amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; 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 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, is amended by adding a new Code Section to read as follows:
'48-8-144. (a) As used in this Code section, the term:
(1) 'Local charter school' means a local charter school as defined in paragraph (7) of Code Section 20-2-2062. (2) 'State chartered special school' means a state chartered special school as defined in paragraph (16) of Code Section 20-2-2062 and with respect to which the referendum required under Article VIII, Section V, Paragraph VII has been conducted and approved. (b) A county or independent board of education shall be authorized to include local charter

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schools, state chartered special schools, or both as capital outlay projects in projects specified in the ballot language for a proposed tax under Article VIII, Section VI, Paragraph IV of the Constitution and this part.'

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 Jaws in conflict with this Act are repealed.

Approved May 6, 2008.

COURTS- COURT BAILIFF COMPENSATION; JUROR EXPENSE ALLOWANCE.
No. 432 (House Bill No. 1086).
AN ACT
To amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation ofcourt bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to eliminate the maximum per diem allowed to court bailiffs; 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 15-12-7 of the Official Code of Georgia Annotated, relating to compensation ofcourt bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, is amended by revising paragraph (I) of subsection (a) as follows:
' (1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located;'

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

Approved May 6, 2008.

CRIMES- CONTROLLED SUBSTANCES; DANGEROUS DRUGS; NITROUS OXIDE.
No. 433 (House Bill No. 1090).
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, II, III, and IV controlled substances; to change certain provisions relating to the definition of"dangerous drug"; to provide for the use of nitrous oxide for food purposes and in household products; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding new subparagraphs to paragraph (3) to read as follows:
'(ZZ) 4-iodo-2,5-dimethoxyamphetamine; (AAA) 4-chloro-2,5-dimethoxyamphetamine;'
SECTION 2. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising paragraph (8) as follows:
'(8) 1-(3-Trifluoromethylphenyl) Piperazine (TFMPP);'
SECTION 3. Said chapter is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by adding a new subparagraph to paragraph (3) to read as follows:
'(G) Lisdexamfetamine;'
SECTION 4. Said chapter is further amended in Code Section 16-13-27, relating to Schedule III controlled

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substances, by deleting the period at the end of paragraph (10) and replacing it with a semicolon and by adding a new paragraph to read as follows:
0 (11) Embutramide.0

SECTION 5. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by adding new paragraphs to subsection (a) to read as follows:
0 (1.5) Armodafinil;o 0 (11.5) Eszopiclone;o

SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraphs (160.15) and (402.7) in subsection (b) as follows:
"( 160.15) Cetirizine - See exceptions;" "(402.7) Fluticasone;o

SECTION 7.

Said chapter is further amended in Code Section 16-13-71, relating to the definition of

dangerous drug, by adding new paragraphs to subsection (b) to read as follows:

0 (19.77) Aliskiren;o

0 (28.5) Ambrisentan;o

0 (44.6) Ammonia, N-13;0

0 (67.67) Astenajavol;o

0 (317.2) Doripenem;o

0 (330.3) Eculizumab;o

0 (506.9) Ixabepilone;o

0 (512.3) Lanreotide;'

0 (

512.67)

Lapatinib;o

0 (516.75) Levocetirizine;o

0 (540.3) Maraviroc;"

0 (595.5) Methoxy polyethylene glycol-epoetin beta;o

"(638.45) Nebivolol;o

0 (644.3) Nilotinib;o

0(831.03) Raltegravir;o

0(836.3) Retapamulin;o

0 (845.95) Rotigotine;o

0 (851.045) Sapropterin;o

0 (

931.77)

Temsirolimus;o

SECTION 8. Said chapter is further amended in Code Section 16-13-71, relating to the definition of

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dangerous drug, by adding a new paragraph to subsection (c) to read as follows: '(6.5) Cetirizine- when a single dosage unit is either lmg per lml or less or !Omg or less;'

SECTION 9. Said chapter is further amended in Code Section 16-13-79, relating to violations relative to dangerous drugs, by adding a new subsection to read as follows:
'(d) This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products.'

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 6, 2008.

MOTOR VEHICLES- DRIVERS' LICENSES; PURPOSES; REQUIREMENTS; LIMITED PERMITS; COMMERCIAL DRIVERS. LICENSES; LED LIGHTS ON EXTENDED LOADS.
No. 434 (House Bill No. 1111).
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 information to be released by the Department of Driver Services for purposes of voter registration; to provide for persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for denial or suspension of license for noncompliance with child support order; to provide for suspension of license or driving privilege for failure to respond to citation; to provide for a revocation or suspension of a license to be effective by operation of law; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial

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driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, so as to provide for use of light-emitting diode (LED) lights on extended loads; 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 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-2, relating to keeping ofrecords of applications for licenses and information on licensees, by revising paragraph (6) of subsection (f) as follows:
"(6)(A) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section; and (B) Information sufficient for use in verifying a registered voter's identity by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and"

SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by revising paragraph (2) of subsection (a. I) as follows:
"(2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has 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 if the department receives notice 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

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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 division, the term 'weapon' shall have the same meaning as in 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 ofthe provisions ofthis 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, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, 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 in Code Section 40-5-25, relating to driver's license fees, by revising subsection (b) as follows:

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'(b)(!) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, or M driver's license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. (2) Each person applying for a Class A orB commercial driver's license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund."

SECTION 4. Said chapter is further amended in Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order, by revising subsections (b) through (e) as follows:
'(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11-9.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice ofany suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements oflaw, and no further notice to the driver shall be required for the suspensions provided for in this Code section. (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section.'

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SECTION 5. Said chapter is further amended in Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation, by revising subsection (a) as follows:
'(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 to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice ofany suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the person's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such person of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements oflaw, and no further notice to the owner shall be required for the suspension provided for in this Code section.'

SECTION 6. Said chapter is further amended by revising Code Section 40-5-60, relating to when a revocation or suspension of a license is effective, as follows:
'40-5-60. All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge orlegal notice thereof, whichever occurs first. Notice ofsuspension by operation oflaw shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a person's conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section 40-5-57, shall be by operation of law:

SECTION 7. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits, by revising subsection (e) as follows:
'(e) Fees, duration, renewal, and replacem~~t ofpermit. A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case ofa 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 (1) of subsection (a) of

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Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (I) ofsubsection (a) ofCode Section40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged 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. Permits issued pursuant to this Code section are renewable upon payment ofa renewal fee of $5 .00. Permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her.'

SECTION 8. Said chapter is further amended in Code Section 40-5-103, relating to fees for the issuance of identification cards, by adding a new subsection to read as follows:
"(f)(!) Every identification card shall be renewed on or before its expiration upon application, payment ofthe required fee, and, ifapplicable, satisfactory completion ofany other requirements imposed by law. (2) An application for renewal of an identification card may be submitted by:
(A) Personal appearance before the department; or (B) Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from any surrender requirement imposed under Georgia law. (3) Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holder's name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application

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for the replacement of a lost identification card or due to a change in the identification card holder's name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section."

SECTION 9. Said chapter is further amended in Code Section 40-5-147, relating to requirements for issuance of a commercial driver's license or instruction permit, by revising subsection (d) as
follows: '(d)(1) A commercial driver's license or commercial driver's instruction permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all driver's licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation. (2) The department shall obtain the driving record of any person who applies for a commercial driver's license from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the person's driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such person's prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law."

SECTION 10. Said chapter is further amended in Code Section 40-5-149, relating to the contents of applications for commercial drivers' licenses, by revising paragraph (1) of subsection (a) as follows:
'(1) The full legal name and current mailing and residential address of the person;

SECTION 11. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers' licenses, by revising subsection (a) as follows:
'(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information:
(1) The full legal name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The license number or identifier assigned by the department;

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(6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements.'

SECTION 12. Said chapter is further amended in Code Section 40-5-151, relating to commercial driving disqualifications and suspending or revoking licenses, by revising subparagraphs (g)(1)(A) and (g)(1)(B) and paragraph (4) of subsection (g) as follows:
'(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 180 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 two years and not more than five years; and' '(4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of violating an out-of-service order shall be subject to a civil penalty ofnot less than $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense.'

SECTION 13. Said chapter is further amended in Code Section 40-5-159, relating to penalties for commercial driving violations, by revising subsection (d) as follows:
'(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 an out-of-service order shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $25,000.00.'

SECTION 14. Said chapter is further amended in Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, by revising subsection (b) as follows:
(b) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number.'

SECTION 15. Said title is further amended by revising Code Section 40-8-27, relating to the placement of lights, flags, or strobe lamps on projecting loads, by inserting a new subsection as follows:
(b.l) In lieu of the strobe type lamp or lamps provided for in subsection (b) of this Code

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section, any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection, one light-emitting diode (LED) light equipped with a multidirectional type lens, mounted so as to be visible from the rear and from both sides of the projecting load. If the mounting of one light-emitting diode (LED) light cannot be accomplished so that it is visible from the rear and from both sides of the projecting load, multiple light-emitting diode (LED) lights shall be utilized so as to meet the visibility requirements of this subsection. The light-emitting diode (LED) light shall flash at a rate of at least 60 flashes per minute and shall be plainly visible from a distance of at least 500 feet from the rear and sides at a radius of 180 degrees of the projecting load at any time of the day or night. Any light-emitting diode (LED) light shall be constructed of durable, weather resistant material and may be powered by the vehicle's electrical system or by an independent battery system, or both. If the light-emitting diode (LED) light is powered by an independent . battery system, the driver of the vehicle shall have in his or her immediate possession charged, spare batteries for use in case of battery failure. Any solid state light-emitting diode (LED) lighting that consists of multiple light-emitting diode (LED) lights shall not have less than 85 percent of the light-emitting diode (LED) lights in operable condition. The lights shall remain in operation at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the traveled portion of any public roadway. The projecting load shall also be marked with a flag as described in subsection (c) of this Code section. An emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing a light-emitting diode (LED) light to comply with the provisions of this Code section."

SECTION 16. This Act shall become effective on January 1, 2009, except for Sections 4 and 5 which shall become effective on January 1, 2010.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

Approved May 6, 2008.

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LOCAL GOVERNMENT- DOWNTOWN DEVELOPMENT AUTHORITY DIRECTOR.

No. 435 (House Bill No. 1126).

AN ACT

To amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; 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 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, is amended by adding a new subsection to Code Section 36-42-7, relating to qualifications and reimbursement of directors, election of officers, and training, to read as follows:
'(c.!) Notwithstanding subsection (a) of this Code section, one director appointed to the board may reside outside the county; provided, however, that such appointed director owns a business within the downtown development area and is a resident of the State ofGeorgia. If subsequently to his or her appointment to the board pursuant to this subsection, the director ceases to own a business within the downtown development area or reside in the State of Georgia, such director shall relinquish his or her seat on the board.'

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

Approved May 6, 2008.

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STATE GOVERNMENT- REGIONAL DEVELOPMENT CENTERS; CHANGE TO REGIONAL COMMISSIONS.

No. 436 (House Bill No. 1216).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide for duties and powers; to provide for certain procedures regarding dues structure and funding; to provide for councils to govern the commissions; to provide for membership to said council; to provide the council with certain duties and powers; to provide for an executive director of the council; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; 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 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by revising subparagraph (a)(l8)(B) of Code Section 50-8-2, relating to definitions, as follows:
'(B) Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and'

SECTION 2. Said chapter is further amended by revising subsections (f) and (g) of Code Section 50-8-4, relating to the Board of Community Affairs, as follows:
'(f)(l) The initial territorial boundaries for the operation of the regional commissions shall be as follows: Region 1 shall be made up of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield; Region 2 shall be made up of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White; Region 3 shall be made up of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett,

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Henry, and Rockdale; Region 4 shall be made up of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson; Region 5 shall be made up of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton; Region 6 shall be made up of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson; Region 7 shall be made up of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes; Region 8 shall be made up of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster; Region 9 shall be made up of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox; Region 10 shall be made up of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth; Region 11 shall be made up of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware; and Region 12 shall be made up ofBryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, Mcintosh, and Screven. The board for each regional commission shall ratify the boundaries provided for in this paragraph. If a regional commission fails to ratify such boundaries, such commission shall continue to operate under the existing boundaries for such commission prior to June 30, 2009. The provisions of Article 2 of this chapter shall apply to a regional commission failing to ratify the boundaries provided for in this Code section; provided, however, that such commission shall not be eligible to receive funding pursuant to Code Section 50-8-33. (2) Notwithstanding the territorial boundaries established pursuant to paragraph (1) of this subsection, the board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional commission as well as the total number of the regions; provided, however, that any action of the board altering the boundaries ofa regional commission or changing the total number ofthe regions shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. Each county shall be wholly within the region of one regional commission, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional commission. (g) In addition to ratification by resolution, the General Assembly may ratify regional commission boundary changes by Act.'

SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 50-8-7, relating to planning and technical assistance and information gathering and distributing, as follows:

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'(b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following:
(1) The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional commissions, and state agencies. The Georgia data base and network shall include information obtained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state; (2) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department; (3) The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and (4) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local or regional government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity.'

SECTION 4. Said chapter is further amended by revising Code Section 50-8-7.1, relating to assisting the Governor in planning, establishing minimum standards and procedures for coordinated and

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comprehensive planning, and supervising regional development centers, as follows: '50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans ofqualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following: (1) The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state; (2) The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning; (3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional commissions, and comprehensive plans ofmunicipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and (4) The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments. (b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by Jaw. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic and cultural resources, infrastructure, land use other than zoning, recreation, transportation, and economic development; (2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code

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Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors; (3) The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional commission for the region, from local governments within the region, and from others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the department's determinations affecting that region; and (4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures. (c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional commissions and as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional commissions; and (2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional commissions. (d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following: (I) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines; (2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional commission or local government or may act, without any such request, on its own initiative; (3) The department may establish rules and procedures which require that local

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governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional commission) shall be submitted for review to the local government's regional commission. Any such proposed action by a regional commission shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional commission or the department, as the case may be, that the action will be in the best interest of the region and state or that it will not be in the best interest of the region and state; (4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and (5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional commission if such local government or regional commission, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict."

SECTION 5. Said chapter is further amended by revising Article 2, relating to regional development centers, in its entirety as follows:

ARTICLE 2

50-8-30. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional commissions to develop, promote, and assist in establishing coordinated and comprehensive land use, environmental, transportation, and historic preservation planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public

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interests of the state and its citizens and advance positive governmental relations among the state, regional, and local levels, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.

50-8-31. As used in this article, the term:
(1) 'Commission' means a regional commission established pursuant to this article, including its predecessor, a 'regional development center.' (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional commission covering the commission's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with Article 1 of this chapter. (4) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented; (C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or (D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (5) 'Constitution' means the Constitution of the State of Georgia. (6) 'Contract' means any contract, agreement, or other legally binding arrangement. (7) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional commissions in accordance with the minimum standards and procedures. (8) 'Council' means the council governing each regional commission. (9) 'County' means any county of this state, including any consolidated governments. (l 0) 'Department' means the Department of Community Affairs. (11) 'Governing body' means the board of commissioners ofa county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality.

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(12) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (13) 'Governmental services' means those necessary services provided by local units of government of this state. (14) 'Human service programs' means any activity authorized by law to be undertaken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the foregoing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens ofthe young, the indigent, the aged, persons with disabilities, the unemployed, or the ill. (15) 'Local government' means any county, municipality, or other political subdivision of the state; any regional commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts. (16) 'Local plan' means the comprehensive plan for any county or municipality. (17) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional commission for counties and municipalities within its region and approved in advance by the department, in accordance with Article I of this chapter. (18) 'Municipality' has the same meaning as provided in Code Section 36-30-l. (19) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (20) 'Nonpublic council member' means any council member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is appointed as a nonpublic member for that county pursuant to subsection (b) of Code Section 50-8-34. (21) 'Nonpublic funds' means the servicing and processing fees which are received by a nonprofit corporation for administering federal or state revolving loan programs or loan packaging programs. (22) 'Qualified local government' means a county or municipality which:

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(A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has made its local plan implementation mechanisms consistent with those established in its comprehensive pIan and with the minimum standards and procedures; and (C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (23) 'Region' means the territorial area within the boundaries of operation for any regional commission, as such boundaries shall be established from time to time by the board of the department. (24) 'Regional commission' means a commission established under this article. (25) 'Regional plan' means the comprehensive plan for a region. (26) 'State' means the State of Georgia.

50-8-32. Regional commissions are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures established pursuant to law. Regional commissions shall function as the regional planning entity for land use, environmental, transportation, and historic preservation planning in each designated region of the state. Each such agency and instrumentality shall be known as a regional commission and shall be designated, by name for all purposes, with such identifying words before the term 'regional commission' as the Board of Community Affairs may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional commissions and the region within . which each regional commission shall operate shall initially be established and subsequently may be changed from time to time by the Board of Community Affairs pursuant to Code Section 50-8-4. Each county shall be wholly within the region of one regional commission, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the Board of Community Affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional commission.

50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional commission for the region which includes the municipality or county, as the case maybe.
(b)(l) Each county and municipality in the state shall pay the annual dues for membership in its regional commission. Each county and the municipalities within such

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county shall continue to use the arrangement for the payment of dues which was in effect on June 30, 2009, for the payment of dues to the regional development centers which preceded the regional commissions created by this article until a revised arrangement for the amount, apportionment, and payment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues is structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county. (2) State funds appropriated to the department and available for the purpose of assisting regional commissions shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional commissions, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. While each regional commission must assess and collect annual dues in the amount of 25 for each resident of each county within the regional commission, based upon the most recent estimate of population approved by the department for this purpose, to be eligible for any minimum funding from state appropriated funds, each regional commission must assess and collect annual dues in the aggregate averaging a minimum amount of $1.00 for each resident of each county within the regional commission, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemental funding, each regional commission shall apply to the department in a manner established by the department to determine eligibility for funds distributed pursuant to the supplemental funding formula. (3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be promulgated by the department in accordance with the procedures of Code Section 50-8-7.2.

50-8-34. (a) The council of each regional commission shall establish policy and direction for the regional commission and shall perform such other functions as may be provided or authorized by law. (b) The manner of selecting such regional commission council members shall be as prescribed by its bylaws and membership on the council shall be determined as follows:
(1) The council shall include the chief elected official of each county governing body in the region for a period oftime concurrent with each such elected official's term ofelected office. If the chief elected official for a county is unable to serve on the council, he or she shall appoint another elected county official. In the case of a consolidated government where there is not another municipality located within the boundaries of the county, a second member of such consolidated government shall be appointed to the board; (2) The council shall include one elected official from one municipality in each county

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in the region for a period of time concurrent with each such elected official's term of elected office; (3) The council shall include three residents of the region appointed by the Governor, each for a term of two years. One of such three appointees shall be a member of a school board located within the region or a superintendent of schools within the region, and two of such three appointees shall be nonpublic council members; (4) The council shall include one nonpublic council member appointed by the Lieutenant Governor for a term of two years and one nonpublic council member appointed by the Speaker of the House of Representatives for a term of two years; and (5) The council may include any additional members determined necessary by the commissioner for purposes of complying with laws or regulations, or otherwise. Any such additional members shall be selected by the council and shall serve for a term of one year. (c) The term of a member shall terminate immediately upon: (I) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (3) Any change in local elective office or residence of a member which would cause the composition of the council not to comply with the requirements of subsection (b) of this Code section. (d) Each member of the council shall have one vote. Establishment of a quorum for purposes of the conduct of business shall be determined by the bylaws of the regional commission. (e) Each regional commission council shall elect from among its council members a chairperson, vice chairperson, and secretary or treasurer who shall serve for a term of two years and until their successors are elected and qualified. Such elections shall be held biennially at a meeting designated for that purpose in the regional commission's bylaws. (t) Each council shall exercise the following powers: (I) The powers, duties, responsibilities, and functions enumerated in Code Section 50-8-35; (2) The appointment and removal of a full-time executive director for the regional commission; (3) The establishment of such committees as the council shall deem appropriate; (4) The adoption of an annual work program for the regional commission; (5) The adoption of an annual budget to support the annual work program; and (6) The determination of the policies and programs to be implemented and operated by the regional commission as may be provided or authorized by law.

50-8-34.1. (a) Each regional commission shall have an executive director who shall serve at the pleasure of the council and who shall be subject to appointment and removal by a majority

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vote of the members of the council. The executive director shall perform such duties as assigned by the council. (b) Each regional commission council shall require performance standards for measurement of the activities of the regional commission. The council shall conduct an annual performance review of the executive director of the regional commission measured by standards developed by the council.

50-8-35. (a) Each regional commission, as authorized by the council of such regional commission and consistent with federal and state law, shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each commission may exercise the following power and authority:
(I) Each commission may adopt bylaws and make rules and regulations for the conduct of its affairs; (2) Each commission may make and enter into all contracts necessary or incidental to the performance of its duties and functions so long as the chairperson of the commission's council and the executive director of the commission jointly execute any such contracts between a regional commission and state or federal agencies, or any other such contracts as determined by the bylaws or the council. Neither a commission, nor any nonprofit corporation established or controlled by that commission, may enter into any contract obligating that regional commission or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commission's region, except that one commission, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that commission's boundaries, may contract with another commission to provide services for the benefit of one or both commissions. A commission may contract with any state agency for coordinated and comprehensive planning covering areas not within the territorial boundary of the commission, provided that any such contract is made with the approval of the regional commission's council; (3) Each commission may acquire and dispose of real and personal property; (4) Each commission may utilize the services of the Department of Administrative Services; (5) Each commission may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development; (6) Each commission may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public; (7) Each commission may participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the coordination and

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implementation of research and development activities; (8) Each commission may cooperate with all units oflocal government and planning and development agencies within the commissions region and coordinate area planning and development activities with those of the state and ofthe units oflocal government within the commission's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the commissions region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the commissions region; (9) Each commission may carry out such other programs as its council or the department shall require from time to time; (1 0) Each commission may, when appropriate, administer funds involving more than one political subdivision; (II) Each commission may, upon the signed resolution of its council and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation ofhuman service programs by such regional commission. The commission shall be permitted to enter into contracts to provide, or to provide directly with the council's approval, governmental services on behalf of the local governments. Direct services shall be provided to a municipality or county only after such municipality or county has passed a resolution requesting such services and the council has approved the municipality's or county's resolution. Contracts for direct services pursuant to this paragraph shall be for one year, subject to renewal. Direct services shall not include human service programs. Contracts for government services may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time. Services provided by human services programs may be provided if the regional commission enters into contracts with other authorized entities, including units of local government, for the delivery of goods or services to individual consumers. A commission providing direct services pursuant to this paragraph shall not provide such services on a for profit basis. Regional commissions shall be authorized to provide technical assistance to units of local government in areas of governmental services; and (12) Each commission may provide 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; (B) Life insurance coverage and coverage under federal old age and survivors'

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insurance programs; (C) Sick leave, annual leave, military leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits. (b) Each commission shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional personnel of each regional commission shall be established by the council of the regional commission. (c) Each commission shall undertake and carry out such planning and technical assistance activities as its council or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the commission's region and for municipalities and counties within the commission's region and such planning and technical assistance activities as its council or the department may deem necessary for coordinated and comprehensive planning within the commissions region. Such planning and technical assistance activities may include, but shall not be limited to, the following: (I) A commission may coordinate and assist local governments in preparing local plans for submission to the regional commission; (2) A commission may provide technical planning assistance to local governments; (3) A commission may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a commission for that purpose; (4) A commission may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the commission shall have received the department's approval of any additional elements to be included in such comprehensive plans; (5) A commission may establish within its comprehensive plan goals, objectives, policies, and recommendations consistent with those established by the Governor's Development Council or by the department, for its region; and (6) Each commission shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration issues and opportunities facing the region, the commissioner's recommendations to address such issues, and local plans within the region. The regional plan may be prepared but shall not be adopted by the council until after a proposed regional plan has been made public, reviewed, and approved as meeting the minimum requirements of the department; and after the council has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish. (d) Each commission shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of public information available, in an accessible form, to local governments, state agencies, and members of the General Assembly. (e) A commission shall serve as liaison with other governments, including federal

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government agencies and state agencies. In this capacity, a commission may administer programs within the state upon the request of its council and may administer federal or state government programs upon designation by the federal or state government. Each commission shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A commission may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs.
(f)(l )(A) In order to accomplish the intent of subsection (e) of this Code section, each regional commission is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs, and to administer federal or state housing and development programs and funds available only to nonprofit corporations. Each such nonprofit corporation must be authorized by the commission s council and each unit of local government affected. (B) Any nonprofit corporation which, prior to April 1, 1994, has been created by a commission or its predecessor and has had articles of incorporation which are regular on their face accepted for filing by the Secretary of State shall be recognized as and have legal status as a validly created nonprofit corporation under the laws of this state for all purposes, notwithstanding the requirements of subparagraph (A) of this paragraph and notwithstanding any lack of express statutory authority on the part of the commission to carry out such incorporation at the time of filing of the articles of incorporation. Nothing in this subparagraph, however, shall excuse such a nonprofit corporation from complying on and after Aprill, 1994, with any and all requirements imposed by law for continuation of its corporate existence in the same manner as other nonprofit corporations created under this paragraph are required to comply with legal requirements for their continued existence. (2) Employees and any other authorized representatives of a nonprofit corporation created pursuant to paragraph (1) of this subsection are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, industry, or tourism within the commission s region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. All receipts of nonpublic funds shall be evidenced by vouchers showing the date, amount, and source of each receipt. A schedule shall be included in each annual audit which reports the beginning balance of unexpended nonpublic funds; the date, amount, and source of all receipts of nonpublic funds; the date, place, purpose, and persons for whom expenditures were made for all such expenditures of nonpublic funds; and the ending balance of unexpended nonpublic funds. The auditor shall verify and test such beginning balances, receipts, expenditures, and ending balances sufficient to express an opinion thereon in accordance with generally accepted government auditing standards.

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(3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently audited at least once in each fiscal year during which a nonprofit corporation functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a nonprofit corporation and shall annually review the audit procurement process to determine compliance with established policies and procedures. The nonprofit corporation shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the commissioner, who shall make such report available to each council member within the region and to the Board of Community Affairs. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. (4) Each nonprofit corporation shall submit to the department copies of all filings made to federal, state, or local taxing authorities, including filings related to tax exemptions simultaneous with such filings.
(5)(A) Each annual audit report of a nonprofit corporation shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the nonprofit corporation's fiscal year. In addition to the audit report, the nonprofit corporation shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (B) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in paragraph (3) of this subsection. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or written comments, notify the nonprofit corporation and the auditor who performed the audit and shall submit to them a list of the deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the commission related to the nonprofit corporation, the chief elected official of each county and municipality within the commission's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the commission's region. (C) If the state auditor has not received any required audit or written comments by the date specified in subparagraph (A) of this paragraph, the state auditor shall within 30 days of such date notify the nonprofit corporation that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the commission related to the nonprofit corporation, the chief elected official of each

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county and municipality within the related commission's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the related commission's region. (D) The state auditor, for good cause shown by those nonprofit corporations in which an audit is in the process ofbeing conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same nonprofit corporation. (6) A copy of the report and of any comments made by the state auditor pursuant to subparagraph (B) of paragraph (5) of this subsection shall be maintained as a public record for public inspection during the regular working hours at the principal office ofthe nonprofit corporation and the related commission. (7) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the related commission's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section ofthe newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the nonprofit corporation has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (8) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same nonprofit corporation. (g) A commission shall be prohibited from either creating or controlling or causing to be created any nonprofit corporation, except as authorized in paragraph (1) of subsection (f) of this Code section. (h) Neither a commission nor a nonprofit corporation either created or controlled or caused to be created by the commission shall administer any federal program which prohibits the state auditor from conducting a performance audit relative to such program. (i) In any case where a commission contracts with a state agency, the contract shall include a provision requiring cancellation of the contract if the department determines that the commission or a nonprofit corporation either created or controlled or caused to be created by the commission is not fully cooperating with a performance audit conducted by the department. (j) Each commission shall develop a department approved continuing education program for professional staff members of such commissions.

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50-8-36. (a) Each local plan shall be submitted for review, comment, and recommendation to the appropriate regional commission and shall become effective in accordance with this Code section. Each municipality and county within a region shall submit its local plan to the regional commission for that region for review, comment, and recommendation by the regional commission. The commission shall maintain all local plans which it receives in this manner in files available for inspection by the public. (b) Within ten days after receipt of a local plan, the regional commission shall notify each municipality or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submitting municipality or county shall be notified by the regional commission in the same manner. (c) Within 15 days after the regional commission gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional commission may present, to the regional commission, its views on the local plan in a public meeting or hearing which shall be held in accordance with rules established by the regional commission with prior approval of the department. (d) The regional commission shall determine whether the adoption or implementation of the local plan would present any conflict. The regional commission may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The regional commission's determination shall be in writing, shall be made public, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing. (e) The municipality or county which submitted the local plan may request reconsideration of any recommendation by a regional commission within ten days after the regional commissions recommendation is made public. For purposes of such reconsideration, the regional commission shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the regional commission to all members of the regional commission, in accordance with such procedures as the regional commission may establish, subject to the prior approval of the department. The regional commission shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies. (f) Within ten days after the public hearing, the regional commission shall either continue its recommendations or modify the recommendations. In either case, the regional commission shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan. (g) No municipality or county shall take any action to adopt any local plan, or to put into

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effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted its complete local plan to the regional commission for review, comment, and recommendation, except that any request for reconsideration of any recommendation by a regional commission pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days.

50-8-37. A regional commission shall review all applications ofmunicipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the regional commission for its review. The comments of the regional commission shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof.

50-8-38. (a) A regional commission shall keep books of account reflecting all funds received, expended, and administered by the regional commission which shall be independently audited at least once in each fiscal year during which a regional commission functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a regional commission and shall annually review the audit procurement process to determine compliance with established policies and procedures. The regional commission shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July I, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional commission shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The state auditor shall conduct at least triennially a performance audit of all state funds received by each regional commission and the department shall provide funds for such audits. The state auditor shall provide copies of a performance audit of a regional commission to the chiefelected official of each county and municipality within the regional commission s region. (b) In conducting a performance audit of a regional commission, the state auditor shall be allowed access to all books, records, and documents of the regional commission and all books, records, and documents of any nonprofit corporations either created or controlled or caused to be created by the regional commission, to the extent the state auditor deems necessary.
(c)(l) Each annual audit report of a regional commission shall be completed and a copy

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of the report forwarded to the state auditor within 180 days after the close of the regional commission's fiscal year. In addition to the audit report, the regional commission shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (2) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in subsection (a) ofthis Code section. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt ofthe audit or the written comments, notify the regional commission and the auditor who performed the audit and shall submit to them a list of deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the regional commission's region and to each member ofthe General Assembly whose senatorial orrepresentative district includes any part of the regional commission's region. (3) If the state auditor has not received any required audit or written comments by the date specified in paragraph (1) of this subsection, the state auditor shall within 30 days of such date notify the regional commission that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the regional commission's region and to each member of the General Assembly whose senatorial or representative district includes any part of the regional commission's region. (4) The state auditor, for good cause shown by those regional commissions in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same regional commission. (d) A copy of the report and of any comments made by the state auditor pursuant to paragraph (2) of subsection (c) of this Code section shall be maintained as a public record for public inspection during the regular working hours at the principal office ofthe regional commission. (e) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the regional commission's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the regional commission has failed

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or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (f) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same regional commission. (g) Any other provision of this chapter to the contrary notwithstanding, nothing in this chapter shall be construed to require public disclosure of or access to any documents or information relating to loans made by or assigned to the United States Small Business Administration which are exempt from disclosure based upon the federal Privacy Act of 1974, the federal Freedom oflnformation Act, or the Code of Federal Regulations. (h) Notwithstanding any other provision of this chapter, the state auditor shall not be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations.

50-8-39. Upon a regional commission's ceasing operations, the local government members of the regional commission shall, within 30 days of cessation of the regional commission's operations, appoint a receiver of the assets of the regional commission for the protection of creditors. The receiver shall be authorized to marshal, sell, or transfer assets, pay liabilities, and assess counties and municipalities which were members of the regional commission. After the completion of such liquidation, a distribution shall be made to the local government members on a pro rata basis according to the amount of contributions such members made to the regional commission.

50-8-40. When federal or state law or regulations require the designation of an area-wide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government and the regional commissions in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement.

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50-8-41. Each regional development center in existence as of June 30,2009, shall automatically be succeeded by the regional commission for the same region as of July 1, 2009, and each such regional commission shall be governed, from and after July 1, 2009, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such regional development center shall automatically become duties, obligations, rights, and benefits of their respective successor regional commissions.

50-8-42. Any metropolitan area planning and development commiSSion, created pursuant to Article 4 of this chapter, shall also serve as the regional commission for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and authority granted regional commissions by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional commissions, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commission, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead ofthe provisions covering the same subject matter under this article.

50-8-43. The governing authorities of the local governmental entitles within each regional commission may appropriate or loan their funds, facilities, equipment, and supplies to the regional commission.

50-8-44. Each regional commission exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each regional commission is exclusively for public benefit and its property is public property. Thus, no regional commission shall be required to pay any state or local ad valorem, sales, use, or income taxes.

50-8-45. (a) The following provisions apply to all regional commissions. The Department of Administrative Services is authorized to permit regional commissions, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the

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state and to issue purchase orders for regional commissions for motor vehicles, material, equipment, services, and supplies. (b) The regional commissions ofthis state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services. (c) The regional commissions ofthis state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Administrative Services. (d) The regional commissions of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state. (e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution and disposition of motor vehicles, material, equipment, services, and supplies for the regional commissions of this state.

50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning.

50-8-47. The outstanding assets, liabilities, contracts, staff, records, or debts of any regional development center not existing after July 1, 2009, shall thereafter be transferred or disposed of by the commission the boundaries of which contain the boundaries of any former regional development district.'

SECTION 6. Said chapter is further amended by revising Code Section 50-8-60, relating to definitions regarding conflicts of interest in contract administration, as follows:
'50-8-60. As used in this article, the term:
(1) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (2) 'Commission' means a regional commission established pursuant to Article 2 ofthis chapter. (3) 'Commissioner' means the commissioner of community affairs. (4) 'Council member' means any member of the council of a regional commission established under Article 2 of this chapter. (5) 'Employee' means any person who, pursuant to a written or oral contract, is employed by a regional commission or by a nonprofit corporation. (6) 'Family' means spouse and dependents. (7) 'Nonprofit corporation' means any nonprofit corporation created or controlled by a regional commission as expressly authorized by law, or as administratively authorized

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pursuant to subsection (f) of Code Section 50-8-35. (8) 'Person' means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (10) 'Transact business' or 'transact any 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; to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; or to obtain loans or loan packaging services on behalf of oneself or any third party as an agent, dealer, broker, or representative.'

SECTION 7. Said chapter is further amended by revising Code Section 50-8-67, relating to influence of election of board members prohibited and adoption of disciplinary measures, as follows:
'50-8-67. A member of a regional commission's council or executive director of a regional commission shall not actively or directly attempt to influence the election of persons as members of the council of such regional commission. An executive director of a regional commission shall not participate in any partisan political activities. The council of a regional commission may adopt, as part of its personnel policies, disciplinary measures to be imposed for noncompliance with this Code section.'

SECTION 8. Said chapter is further amended by revising Code Section 50-8-83, relating to powers, duties, and obligations of regional development centers, as follows:
'50-8-83. A commission shall be, for its area, a regional commission as defined in and with all the powers, duties, and obligations of a regional commission set forth in Article 2 of this chapter and any other law of general application pertaining to regional commissions on July I, 2009; and in addition shall have all of the other powers, duties, and obligations set forth in this article.'

SECTION 9. Chapter 5 of Title 12 ofthe Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, is amended by revising paragraphs (4), (7), and (14) of and adding a new paragraph to Code Section 12-5-441, relating to definitions regarding water resources, as follows:
'(4) Reserved.' '(5.1) 'Commission' means a regional commission established pursuant to this article, including its predecessor, a 'regional development center.''

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'(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The regional commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the regional commission deems competent. '(I 4) 'Plan' means the comprehensive plan or plans prepared by the regional commission pursuant to Code Section 12-5-443.'

SECTION 10. Said chapter is further amended by revising subsection (b) ofCode Section 12-5-579, relating to staffing and cooperation between agencies, as follows:
'(b) Any commission, as defined by Code Section 50-8-31, falling within the geographic boundaries of the district shall cooperate with the district and shall assist it in its efforts."

SECTION 11. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to number and boundaries of soil and water conservation districts, alteration of existing districts, or formation of new districts, is amended in subsection (b) by replacing "development center" with "commission."

SECTION 12. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to promulgation of rules and regulations by commissioner, delegation of inspection authority, rules and regulations continued in full effect, advisory committee, powers of commissioner, and training programs, is amended in paragraph (9) of subsection (d) by replacing "development center" with "commission."

SECTION 13. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by replacing "development center" with "commission" wherever the former occurs in:
(1) Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans; and (2) Code Section 12-8-32, relating to permits for regional solid waste disposal facilities.

SECTION 14. Code Section 14-3-140 of the Official Code of Georgia Annotated, relating to definitions regarding notice, is amended in paragraph (14) by replacing "development center" with "commission."

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SECTION 15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to acceptance or rejection of application for certificate, is amended in subsections (a) and (g) by replacing "development center" with "commission."

SECTION 16. Title 36 ofthe Official Code of Georgia Annotated, relating to local government, is amended by replacing "development center" with "commission" wherever the former occurs in:
(1) Code Section 36-70-2, relating to definitions regarding planning; (2) Code Section 36-70-3, relating to powers of municipalities and counties; (3) Code Section 36-70-4, relating to municipality and county as members of regional development centers, membership dues, and participation in compiling Department of Community Affairs data base; (4) Code Section 36-80-20, relating to decal or seal required on vehicles owned or leased by any county, municipality, regional development center, school system, commission, board, or public authority; and (5) Code Section 36-81-8.1, relating to definitions regarding grant certification forms.

SECTION 17. Code Section 44-3-3 ofthe Official Code ofGeorgia Annotated, relating to certain necessary documents required prior to the sale of subdivided land, is amended in subparagraph (a)(2)(P) by replacing "development center" with "commission."

SECTION 18. Title 50 ofthe Official Code of Georgia Annotated, relating to state government, is amended by replacing "development center" with "commission" wherever the former occurs in:
(I) Code Section 50-8-2, relating to definitions regarding general provisions relating to the Department of Community Affairs; (2) Code Section 50-8-8, relating to grants, loans, other disbursements of funds, and state community development program; (3) Code Section 50-8-81, relating to legislative intent; (4) Code Section 50-8-121, relating to rural economic development areas; (5) Code Section 50-8-122, relating to studies for proposed projects; (6) Code Section 50-8-212, relating to definitions regarding rural facilities economic development; (7) Code Section 50-8-215, relating to policies and procedures for facilities development committee; (8) Code Section 50-8-216, relating to preparation of comprehensive local plan for less developed county; and (9) Code Section 50-29-2, relating to authority of public agencies that maintain geographic information systems to contract for the provision of services.

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SECTION 19. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by replacing "development centers" with "commissions" wherever the former occurs in:
(l) Code Section 12-3-114, relating to policies to guide department in creating and administering system; (2) Code Section 12-5-523, relating to cooperation with Water Council, involvement of stakeholders, and initial draft plan; (3) Code Section 12-8-31, relating to state solid waste management plan; and (4) Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans.

SECTION 20. Code Section 32-9-1 ofthe Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended in subsections (b) and (c) by replacing "development center" with "commission."

SECTION 21. Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to authority of counties and municipal corporations to participate in programs, is amended in subparagraph (a)(2)(C) by replacing "development center" with "commission."

SECTION 22. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the governor, is amended by replacing "development centers" with "commissions" wherever the former occurs in:
(l) Code Section 45-12-172, relating to Office of Planning and Budget to review and comment on proposed development programs and serve as liaison with levels of government; and (2) Code Section 45-12-206, relating to cooperation of state agencies, counties, municipalities, and other political subdivisions with Governor's Development Council.

SECTION 23. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended in subparagraph (a)(8)(B) by replacing "development centers" with "commissions."

SECTION 24. Title 50 ofthe Official Code of Georgia Annotated, relating to state government, is amended by replacing "development centers" with "commissions" wherever the former occurs in:

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(I) Code Section 50-8-2, relating to definitions regarding general provisions relating to the Department of Community Affairs; (2) Code Section 50-8-122, relating to studies for proposed projects; (3) Code Section 50-8-123, relating to recommendation, approval, funding, and implementation of projects; and (4) Code Section 50-30-4, relating to powers of Institute for Community Business Development.

SECTION 25. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, is amended by replacing "center" with "commission" wherever the former occurs in:
(I) Code Section 12-5-443, relating to comprehensive land and water use plan; (2) Code Section 12-5-444, relating to prohibited land and water uses; (3) Code Section 12-5-445, relating to review of application and supporting documents by regional development center; (4) Code Section 12-5-447, relating to minimum standards for certificates and recommendations; (5) Code Section 12-5-448, relating to appeal to aggrieved findings pursuant to the part; (6) Code Section 12-5-451, relating to uses to which part inapplicable; (7) Code Section 12-5-452, relating to cease and desist orders and land-disturbing activities as nuisances; (8) Code Section 12-5-453, relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure ofgoverning authority to meet requirements; and (9) Code Section 12-5-456, relating to notification to local authorities of violations of part.

SECTION 26. This Act shall become effective on July I, 2009, except that the amendment to Code Section 50-8-4 made by Section 2 of this Act shall become effective only if funds are specifically appropriated for purposes of paragraph (2) of subsection (b) of Code Section 50-8-33 as enacted by Section 4 of this Act in the General Appropriations Act for State Fiscal Year 20 I0 making specific reference to this Act, and such Section 2 of this Act shall become effective when funds so appropriated for such fiscal year become available for expenditure.

SECTION 27. All laws and parts of laws in conflict with this Act are repealed.

Approved May 6, 2008.

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MOTOR VEHICLES- WRONGFUL TOWING OR IMPOUNDING; PENALTIES.

No. 437 (House Bill No. 1235).

AN ACT

To amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide a penalty for wrongfully towing or impounding a fleet vehicle with valid insurance; 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 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation ofmotor vehicles generally, is amended by revising subparagraph (a)(8)(B) as follows:
'(B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees ofthe wrongful impoundment or towing ofthe vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity.'

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 6, 2008.

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EVIDENCE- PROPERTY- PUBLIC UTILITIES- RAILROAD RIGHT OF WAY; PERMISSIVE OCCUPANCY; CONSTRUCTIVE POSSESSION; PROPERTY DIMENSIONS.

No. 438 (House Bill No. 1283).

AN ACT

To provide for legislative findings and purpose; to amend Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to change provisions relating to the extent of constructive possession under deed so as to provide special provisions for railroad corporations or companies; to amend Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, so as to provide that issues arising as to the dimensions of property acquired by a railroad corporation or railroad company prior to 1913 shall be determined by reference to the official map filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act ofMarch I, 1913; to provide for each railroad corporation and railroad company to record such official map in the superior court in which the land is situated; to provide for courts to take judicial notice of the information on such official map that has been properly filed and recorded; to provide for certain property interest for vested interest in property; 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 that the railroads and their rights of way in Georgia:
(1) Are essential to the continued viability of this state; (2) Are valuable resources which must be preserved and protected; (3) Are essential for the economic growth and development of this state; (4) Provide a necessary means of transporting raw materials, agricultural products, other finished products, and consumer goods and are also essential for the safe passage of hazardous materials;

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(5) Relieve congestion on the highways and keep dangerous products and materials off our highways; (6) Are vital for national defense and national security; and (7) Provide the most energy efficient means of transportation through this state, thus minimizing air pollution and fuel consumption. (b) The purpose of this Act is to protect the rights of way of railroads from loss by claims of adverse possession or other claims by prescription and to recognize the dimensions of these rights of way as they were identified and defined nearly 100 years ago.

SECTION 2. Article 2 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to presumptions and estoppel, is amended by adding a new Code section to read as follows:
'24-4-23.2. In any action to establish a right, title, or interest in or to real property that is a part of a railroad right of way, including a right of ingress or egress, where such action is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there shall be a presumption that any such occupancy of the railroad right of way is with the permission of the railroad corporation or railroad company. Such presumption may be rebutted.'

SECTION 3. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by revising Code Section 44-5-40, relating to conveyance of future interests or estates, as follows:
'44-5-40. Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction or other development plans, permits or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable and alienable in the same manner as estates in possession.'

SECTION 4. Said chapter is further amended by revising Code Section 44-5-165, relating to actual possession of lands, as follows:
'44-5-165. Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July 1, 2008, no party shall attempt to establish possession of lands for purposes of this article for any lands depicted within the applicable tract identified on the official map of any railroad filed with the Interstate

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Commerce Commission pursuant to the Railroad Valuation Act of March I, 1913, Stat. 701, as amended, unless such party establishes that such occupancy interferes with the operations of such railroad corporation or railroad company; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice ofthe information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company. This Code section shall not be applied to adverse claims of aboveground utilities which have been initiated but which have not vested prior to July I, 2008; provided, however, that a railroad corporation or railroad company shall not be precluded from enforcing rights of ownership against any adverse claims which have not vested."

SECTION 5. Said chapter is further amended by revising subsection (a) ofCode Section 44-5-166, relating to the constructive possession of lands, as follows:
0 (a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of such tract. In such case, his or her possession shall be construed to extend to the boundary of such tract. With respect to a railroad corporation or railroad company, construction of the road bed and track on the railroad right of way shall constitute actual possession and occupancy of all lands depicted within the applicable tract identified on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March I, 1913, Stat. 70 I, as amended; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company.'

SECTION 6. Said chapter is further amended by revising Code Section 44-5-167, relating to the extent of constructive possession under deed, as follows:
0 44-5-167. Possession under a duly recorded deed shall be construed to extend to all the contiguous property embraced in such deed. To the extent that any such property is bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference to the railroad or the railroad right of way as a boundary for such property, such reference shall be construed to mean that the boundary line is located at the edge of the tract depicted on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March I, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive

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as to the location of the boundary line between the property of the railroad and any adjoining property owner as of the date of such railroad map; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court ofthis state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company.'

SECTION 7. Code Section 46-8-100 of the Official Code of Georgia Annotated, relating to the general powers of railroad companies, is amended by revising paragraph (3) as follows:
'(3) To acquire, purchase, hold, and use all such real estate and other property as may be necessary for the construction and maintenance ofsaid road and ofthe stations, wharves, docks, terminal facilities, and all other accommodations necessary to accomplish the object of the corporation; and to condemn, lease, or buy any land necessary for its use; provided, however, that to the extent an issue arises over the dimensions of any such acquisition by a railroad corporation or railroad company which occurred prior to 1913, such dimensions shall be determined by reference to the documents evidencing any such transaction and by examining the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March I, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive as to the dimensions of any acquisition as of the date of such railroad map; provided, further, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice ofthe information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company;'

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

Approved May 6, 2008.

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EDUCATION- INAPPROPRIATE BEHAVIOR; TEACHERS OR SCHOOL PERSONNEL; PROCEDURES.

No. 439 (House Bill No. 1321).

AN ACT

To amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for a training program on sexual misconduct for educators; to provide for investigations by Professional Standards Commission staff of a complaint by a student against an educator alleging a sexual offense without commission notification; to provide for statutory 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. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, is amended by revising subsection (a) of Code Section 20-2-751.5, relating to student codes of conduct, as follows:
'(a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, at school related functions, and on the school bus in a manner that is appropriate to the age of the student:
(I) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (6) Disrespectful conduct toward other students, including use of vulgar or profane

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language; (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; (16) Marking, defacing, or destroying the property of another student; and (17) Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances ofalleged inappropriate behavior by a teacher, administrator, or other school employee toward a student. With regard to paragraphs (9), (11), and (17) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours.'

SECTION 2. Said part is further amended by adding a new Code section to read as follows:
'20-2-751.7. (a) The Professional Standards Commission shall establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student which shall not prohibit the ability ofa student to report the incident to law enforcement authorities. Each local school system shall be required to implement and follow such state mandated process and shall include the mandated process in student handbooks and in employee handbooks or policies. (b) If it is determined through the state mandated process established pursuant to subsection (a) of this Code section that a complaint against a teacher, administrator, or other school employee is unsubstantiated and without merit, the local school system shall, at the request of the aggrieved party, submit a written statement to that effect to all local print and television media outlets that published any articles or reported any news relating to such complaint against the teacher, administrator, or employee. (c) The Professional Standards Commission shall coordinate a training program on educator sexual misconduct. Such program shall be delivered by trained staff from the Professional Standards Commission, regional educational service agencies, and local school systems. The superintendent of each local school system shall ensure that all certified staff in its school system receive such training.

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(d)(!) The staff of the Professional Standards Commission shall be authorized, without notification to the Professional Standards Commission, to immediately open an investigation submitted to the commission by a local school superintendent, with approval of the local board of education, of a complaint by a student against an educator alleging a sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12-100. (2) The Professional Standards Commission shall have on staff a minimum of one investigator specifically trained in investigating educator sexual misconduct. The investigation of any complaint of sexual misconduct shall be completed in no more than 60 days and shall be presented at the commission meeting immediately following the conclusion of the investigation. (3) If the Professional Standards Commission's review of the investigative report results in a sanction against the educator, the educator shall have the right to appeal the commission decision to a hearing before an administrative law judge within 90 days of such sanction. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."

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

Approved May 6, 2008.

EDUCATION- QUALITY BASIC EDUCATION; PROGRAM WEIGHTS.
No. 440 (House Bill No. 1335).
AN ACT
To amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; 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 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, is amended by revising subsection (b) as follows:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
(I) Kindergarten program...................................... . 1.6587 weight and I to 15 ratio

(2) Kindergarten early intervention program.

2.0496 weight and
I to II ratio

(3) Primary grades program (1-3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2855 weight and I to 17 ratio

(4) Primary grades early intervention program (1-3).

1.8029 weight and
I to II ratio

(5) Upper elementary grades program (4-5) ........................ . 1.0323 weight and I to 23 ratio

(6) Upper elementary grades early intervention program (4-5)......... . 1.7971 weight and I to II ratio

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(7) Middle grades program (6-8)................................. . 1.0162 weight and I to 23 ratio

(8) Middle school program (6-8) as defined in Code Section 20-2-290.... 1.1213 weight and I to 20 ratio

(9) High school general education program (9-12). . . . . . . . . . . . . . . . . . . 1.0000 weight and I to 23 ratio

(I 0) Vocational laboratory program (9-12).. . . . . . . . . . . . . . . . . . . . . . . . . 1.1847 weight and I to 20 ratio

(II) Program for persons with disabilities: Category I. .................................................. . 2.3940
weight and I to 8 ratio

(12) Program for persons with disabilities: Category II.................................................. . 2.8156
weight and I to 6.5 ratio

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(13) Program for persons with disabilities: Category III. . ............................................... . 3.5868
weight and 1 to 5 ratio

(14) Program for persons with disabilities: Category IV. . ............................................... . 5.8176
weight and 1 to 3 ratio

(15) Program for persons with disabilities: Category V................................................... 2.4583
weight and 1 to 8 ratio

(16) Program for intellectually gifted students: Category VI. ................................................ . 1.6673
weight and 1 to 12 ratio

(17) Remedial education program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3128 weight and 1 to 15 ratio

(18) Alternative education program .............................. . 1.6025 weight and 1 to 15 ratio

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(19) English for speakers of other languages (ESOL) program ......... . 2.5306 weight and I to 7 ratio"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 6, 2008.

STATE PROPERTY COMMISSION; BOUNDARY LINE DISPUTE AGREEMENTS.
No. 441 (House Resolution No. 1310).
A RESOLUTION
Authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes.
WHEREAS: (I) The State of Georgia is the owner of approximately 25.40 acres of certain real property located in Butts, Lamar, and Monroe Counties, Georgia, consisting of state owned tracts above the 587.35 foot contour line above mean sea level in the basin of the reservoir impounded by the High Falls Dam on the Towaliga River (hereinafter the 587.35 contour line) adjacent to tracts ofproperty belonging to more than 150 landowners (hereinafter adjacent landowners) in the area designated High Falls State Park (hereinafter High Falls property) and more particularly described as 25.40 acres conveyed in 1961 and 1962 to the State Game and Fish Commission from Northumberland Corporation as follows: (A) 12.2 acres in Butts County: 1962 Deed (Tr. 2-3) Upper Towaliga, 6 acres; 1962 Deed (Tr. 2-4) Weavers Pasture, 4.2 acres; 1962 Deed (Tr. 2-5) Ridgeway, 2 acres; (B) 4.50 acres in Lamar County: 1962 Deed (Tr. 2-1) Buck Creek, 4.5 acres; and (C) 8.7 acres in Monroe County: 1961 Deed (Tr. 1-1) Buck Creek, 2.0 acres; 1962 Deed (Tr. 2-1) Buck Creek, 4.2 acres; 1962 Deed (Tr. 2-2) Watkins Bottom, 2.5 acres;

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(2} The High Falls property is more particularly identified on the map entitled "High Falls State Park Boundary Line Agreement Properties" as all those tracts of land designated in a red zone as the boundary line agreement tracts, a copy of which is recorded and maintained in the custody of the State Properties Commission; (3) The Georgia Department ofNatural Resources as the successor in interest to the State Game and Fish Commission has custody and control of the High Falls property herein described; (4) Due to land-disturbing circumstances both natural and manmade, which circumstances are beyond the control of the parties, the contours and topography of the High Falls property have changed since the state acquired its interest in said property causing a dispute as to the boundary lines between the High Falls property and property belonging to the adjacent landowners; and (5) The Georgia Department of Natural Resources, as approved by the Board ofNatural Resources, is in agreement with the boundary line proposal and recommends that the State Properties Commission seek authorization to enter into such boundary line dispute agreements with adjacent landowners, subject to certain restrictions placed upon the boundary line agreement areas as herein provided, in order that boundary lines may be positively identified and established for the benefit of the state, as well as the adjacent landowners; and

WHEREAS: (1) The state owns certain property in the custody and control ofthe Georgia Department of Natural Resources, located in Butts, Monroe, and Lamar Counties, Georgia, below the 587.35 foot contour line (hereinafter state dam property); (2) The adjacent homeowner identified as Robert and Gail Beaver (hereinafter adjacent homeowner Beaver) owns a certain tract of land located in Land Lot 76 of the 4th Land District, in Butts County, Georgia, (hereinafter adjacent homeowner Beaver property) and shown on that certain drawing dated January 23, 2006, entitled "Exhibit Drawing for Boundary Line Agreement High Falls Lake Department of Natural Resources Beaver Tract," prepared by Metro Engineering & Surveying Company, Incorporated, more particularly James R. Green, Georgia Registered Land Surveyor No. 2543, a copy of which is recorded and maintained in the custody of the State Properties Commission (herein after the drawing); (3) The dividing line between the state dam property and the adjacent homeowner Beaver property cannot be established with certainty due to a variety of factors beyond the control of the parties, including wave action, erosion, tree removal, and other land-disturbing natural or manmade activities which have occurred since the state acquired the state dam property; (4) The Georgia Department of Natural Resources, as approved by the Board of Natural Resources, is in agreement with the boundary line proposal and recommends that the State Properties Commission seek authorization to enter into such boundary line

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agreement with the adjacent homeowner Beaver in order that a boundary line may be positively identified and established for the benefit of the state, as well as the adjacent homeowner Beaver; and (5) The adjacent homeowner Beaver and the state desire to enter into a boundary line agreement consistent with the drawing depicting the adjacent homeowner Beaver property in order that a boundary line may be positively identified and established for the benefit of both parties.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That the State of Georgia is the owner of the above-described real properties located in Butts, Lamar, and Monroe Counties, Georgia, 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 portion of the High Falls property above the 587.35 foot contour elevation, excluding property below the high-water mark as identified by a survey conducted by the Department of Natural Resources, may be conveyed by a boundary line agreement or appropriate deed instrument to the adjacent landowners, as herein provided, for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, for the purpose of agreeing to established boundary lines; provided, however, that the conveyance of the High Falls property shall also be subject by expression in the boundary line agreement or deed instrument to the following restrictions and such other restrictions as deemed necessary and appropriate by the Department of Natural Resources:
(l) There shall be a 25.0' buffer area in which no vegetation may be disturbed or removed and no structures, fences, bulkheads, or impervious surfaces shall be constructed or placed, with the exceptions of items (2), (5), and (6) below; provided, further, that improvements already existing as of January l, 2008, may continue unless such improvements are on wetland property. The continuation of such improvements shall include repairs but shall not include modifications thereto; (2) All docks must comply with applicable rules of the Georgia Department of Natural Resources, provided, further, that no walkway to the dock or bulkhead for the dock shall exceed 8.0' in width; (3) There shall be no use of fertilizers, herbicides, or pesticides within the 25.0' buffer area; (4) There shall be no planting, releasing, or broadcasting of any vegetation listed by the Georgia Exotic Plant Pest Council, or similar organization, as nonnative invasive plants

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in Georgia within the 25.0' buffer area; (5) If the Georgia Department of Natural Resources (department) determines that there is an exotic plant problem within the 25.0' buffer area, then the department shall be authorized to take any necessary restoration actions to remove the exotic plants and to assure the overall health of the lake and buffer area; (6) If the department determines that there is an erosion problem affecting the health of the lake and buffer area, then the department may take or allow the landowner to take any restoration actions to address the erosion problem, so long as these activities have a minimal impact on the 25.0' buffer area and follow all applicable state and local laws. Any restoration activity undertaken by the landowner shall be subject to all statutory and regulatory requirements as otherwise provided by law; and (7) The exceptions set forth in paragraph (2) of this section shall not apply to any wetlands and there shall be no filling, ditching, or placing of docks or similar structures within any wetland. All wetland property, whether within or outside the 25.0' buffer area described in paragraph (1) of this section, shall continue to be subject to state and federal restrictions as set forth by applicable law or regulation pertaining to wetlands and which restrictions may be enforced by the department or any other authorized agency. The restrictions shall be recorded in any boundary line agreement or deed instrument conveying a property interest pursuant to the authority granted by this resolution as covenants running with the land and shall be enforceable against current or subsequent owners or holders of the property.

SECTION 3. That portion of the state dam property below the 587.35 foot contour line and above the boundary line set forth in the drawing may be conveyed by a boundary line agreement or deed instrument to the adjacent homeowner Beaver, as herein provided, for a consideration of$1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, for the purpose of establishing a boundary line.

SECTION 4. That the State Properties Commission is further authorized to accept on behalf of the state any properties conveyed by a boundary line agreement or deed instrument from adjacent landowners and the adjacent homeowner Beaver in settlement of the property line disputes and in consideration for a conveyance from this state.

SECTION 5. That the authorization in this resolution to convey the above-described property to the adjacent landowners and the adjacent homeowner Beaver shall expire five years after the date that this resolution becomes effective.

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SECTION 6. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances and enter into boundary line agreements or deed instruments consistent with the authority granted to the commission in Code Section 50-16-34 of the Official Code of Georgia Annotated. The State Properties Commission is authorized to use a more accurate description of the specific properties authorized herein above to be conveyed and to conduct surveys for individual conveyances, as needed.

SECTION 7. All boundary line agreements and deeds instruments shall be recorded by the State Properties Commission in the Superior Court of the county where such property is located. The commission shall also record and maintain a copy of any boundary line agreement or deed instrument executed by the state and an adjacent landowner or the adjacent homeowner Beaver.

SECTION 8. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed to an adjacent landowner or the adjacent homeowner Beaver.

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

Approved May 6, 2008.

AGRICULTURE- HEALTH- STATE GOVERNMENTREPEAL MULTIPLE AGENCIES AND AUTHORITIES;
TRANSFER FUNCTIONS AND OBLIGATIONS TO GEORGIA BUILDING AUTHORITY.
No. 442 (Senate Bill No. 130).
AN ACT
To amend Chapter I0 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural marketing facilities, organizations, and programs, so as to repeal Article 1, relating to the Georgia Building Authority (Markets); to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal Article 2, relating to the Georgia Building

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Authority (Hospital); to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to repeal Chapter 3, relating to the Georgia Building Authority (Penal); to amend Article I of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, so as to provide for energy efficient construction of a major state-funded facility project; to provide for duties and responsibilities for the enforcement of certain energy efficient provisions; to provide a short title; to provide legislative findings; to provide a definition; to amend Article I of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Building Authority, to subrogate the Georgia Building Authority for certain repealed agencies by transferring the rights, privileges, functions, assets, obligations, employees, and immunities ofthe Georgia Building Authority (Markets), the Georgia Building Authority (Hospital), the Georgia Building Authority (Penal), and the Agency for Removal of Hazardous Materials to the Georgia Building Authority; to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to repeal Article 4, relating to the Hazardous Materials Removal Agency; to reserve certain chapters and articles; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural marketing facilities, organizations, and programs, is amended by repealing Article I, relating to the Georgia Building Authority (Markets), and designating said article as reserved.

SECTION 2. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by repealing Article 2, relating to the Georgia Building Authority (Hospital), and designating said article as reserved.

SECTION 3. Title 42 ofthe Official Code of Georgia Annotated, relating to penal institutions, is amended by repealing Chapter 3, relating to the Georgia Building Authority (Penal), and designating said chapter as reserved.

SECTION 4. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, is amended by adding a new Code section to read as follows:

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'50-8-18. (a) This Code section shall be known and may be cited as the 'Energy Efficiency and Sustainable Construction Act of 2008.' (b) The General Assembly finds that the welfare ofthis state is enhanced by the promotion of effective energy and environmental standards for construction, rehabilitation, and maintenance of state-funded facilities and that such standards in tum improve this state's capacity to design, build, and operate high-performance buildings, contributing to economic growth, promoting job development, and increasing energy conservation. (c) For purposes of this Code section, 'major facility project' means a state-funded:
(I) New construction building project of a building exceeding I 0,000 square feet; (2) A renovation project that is more than 50 percent of the replacement value, as determined by the Department of Administrative Services Risk Management Division, ofthe facility, a change in occupancy, or any roof replacement project exceeding I0,000 square feet; or (3) A commercial interior tenant fit-out project exceeding I0,000 square feet ofleasable area where the state is intended to be the lessor of such property. A major facility project shall not include a building, regardless of size, that does not have conditioned space as defined by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) and shall not include a state owned building that is on the historical registry or any local, county, or municipal building. (d) Consistent with the intent ofthis Code section, the department, in consultation with the Georgia State Finance and Investment Commission, shall adopt policies and procedures as recommended standards for all buildings owned or managed by this state that: (I) Optimize the energy performance; (2) Increase the demand for construction materials and furnishings produced in Georgia; (3) Improve the environmental quality in this state by decreasing the discharge of pollutants from such state buildings; (4) Conserve energy and utilize local and renewable energy sources; (5) Protect and restore this state's natural resources by avoiding the development of inappropriate building sites; (6) Reduce the burden on municipal water supply and treatment by reducing potable water consumption; (7) Establish life cycle assessments as the appropriate and most efficient analysis to determine a building project's environmental performance level; and (8) Encourage obtaining Energy Star designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence. (e) All major facility projects may be designed, constructed, and commissioned or modeled to exceed the standards set forth in ASHRAE 90.1.2004 by 30 percent where it is determined by the department that such 30 percent efficiency is cost effective based on a life cycle cost analysis with a payback at no more than ten years. Commissioning or modeling must be performed by a professional engineer, design professional, or

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commissioning agent using software methodology approved by the Internal Revenue Service, the Department of Energy, current ASHRAE standards, or other similar methodology. For all major renovation projects, such requirements shall apply to the specific building assemblies, envelope components, and equipment involved in the project. (f) All major facility projects shall be designed, constructed, and commissioned or modeled to achieve a 15 percent reduction in water use when compared to water use based on plumbing fixture selection in accordance with the Energy Policy Act of 1992. (g) To achieve sustainable building standards, construction projects may utilize a nationally recognized high performance energy modeling and environmental building rating system; provided, however, that any such rating system that uses a material or product based credit system that operates to the detriment of materials or products manufactured or produced in Georgia shall not be utilized. The department shall designate rating systems that meet these criteria and is authorized to establish its own alternative rating system. All major facility projects shall include Georgia products such that not less than I0 percent of all building materials used in a project are harvested, extracted, or manufactured in the State of Georgia where such products are commercially available in a manner consistent with the purposes of this Code section. (h) A professional engineer, design professional, or commissioning agent shall certify that the building projects systems for heating, ventilating, air conditioning, energy conservation, and water conservation are installed and working properly to ensure that each building project performs according to the building's overall environmental design intent and operational objectives.'

SECTION 5. Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Building Authority, is amended by adding a new Code section to read as follows:
'50-9-17. (a) As used in this Code section, the term:
(I) 'Authority' means the Georgia Building Authority as set forth in Code Section 50-9-2. (2) 'Transferred authorities' means the Georgia Building Authority (Markets) set forth in Article 1 of Chapter 10 of Title 2, the Georgia Building Authority (Hospital) set forth in Article 2 of Chapter 7 of Title 31, the Georgia Building Authority (Penal) set forth in Chapter 3 of Title 42, and the Agency for Removal of Hazardous Materials set forth in Article 4 of Chapter 9 of Title 50, as each entity existed as of June 30, 2008. (b) Beginning July 1, 2008, all functions, duties, responsibilities, and obligations of the transferred authorities shall belong to the authority. The authority shall also succeed to the rights, claims, remedies, securities, and any other debt or obligation owing to the transferred authorities. (c) The authority shall be substituted for the transferred authorities on any bonds, claims, causes of action, contracts, leases, agreements, or other indebtedness or obligations of the

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transferred authorities. Contracts held by the transferred authorities shall be considered contracts of the authority, and any rights of renewal, prerogatives, benefits, and rights of enforcement under such contracts shall also be transferred to the authority. (d) Appropriations for functions transferred from the transferred authorities to the authority may be transferred as provided in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed for such transferred functions shall likewise be transferred to the authority. Upon the effective date of the transfer, all personnel positions authorized for the transferred authorities shall be transferred to the authority and all employees whose positions are transferred to the authority shall become employees of the authority in the unclassified service as provided in Code Section 45-20-6. (e) All assets, moneys, properties both tangible and intangible, and other valuable instruments and consideration belonging to the transferred authorities on the date of transfer shall become the property and assets of the authority. (f) Rules and regulations previously adopted by the transferred authorities shall remain in full force and effect as rules and regulations of the authority until amended, repealed, or superseded by action of the authority."

SECTION 6. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by repealing Article 4, relating to the Hazardous Materials Removal Agency, and designating said article as reserved.

SECTION 7. This Act shall become effective on July I, 2008; provided, however, that the provisions in Section 4 of this Act shall become effective on July I, 2010, and shall apply to design agreements for major facilities projects entered into on or after such date.

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

Approved 6, 2008.

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REVENUE -HOMESTEAD EXEMPTION APPLICATIONS.

No. 443 (Senate Bill No. 159).

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 the date for filing applications for homestead exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended by revising Code Section 48-5-45, relating to application for homestead exemption, as follows:
'48-5-45. (a)( 1) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including the date for the closing ofthe books for the return oftaxes for the calendar year. (2) The failure to file properly the application and schedule on or before the date for the closing of the books for the return of taxes of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year.
(b) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a homestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. (c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor.'

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SECTION 2. This Act shall become effective on July I, 2008.

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

Approved May 6, 2008.

PUBLIC OFFICERS -PUBLIC UTILITIES- STATE GOVERNMENTSTATE OFFICERS AND EMPLOYEES; CRIMINAL ACTIONS; ELECTRIC MEMBERSHIP CORPORATIONS; OFFICE OF TREASURY AND FISCAL SERVICES; STATE PURCHASING.
No. 444 (Senate Bill No. 175).
AN ACT
To amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to general provisions relative to insuring and indemnification of state officers and employees, so as to clarify the meaning of criminal action; to amend Part 12 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to dissolution of electric membership corporations, so as to replace "Department of Administrative Services" with "Office of Treasury and Fiscal Services" where such term appears in certain Code sections; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures for state purchasing, so as to modify certain duties and provisions relating to state purchasing; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to general provisions relative to insuring and indemnification of state officers and employees, is amended by revising subsection (a) as follows:
'(a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to

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purchase policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority ofthe state for reasonable legal fees and other expenses incurred in the successful defense ofany criminal proceeding, including, but not limited to, any criminal cause of action, suit, investigation, subpoena, warrant, request for documentation or property, or threat of such action whether formal or informal where such action arises out of the performance of his or her official duties. In addition, in the case of an officer, official, or employee who is required to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his or her official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General.'

SECTION 2. Part 12 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to dissolution of electric membership corporations, is amended by replacing "Department of Administrative Services" with "Office of Treasury and Fiscal Services" wherever the former word occurs in:
(I) Code Section 46-3-427, relating to the execution and contents of the articles of dissolution; (2) Code Section 46-3-436, relating to the entry of a decree of involuntary dissolution; and (3) Code Section 46-3-438, relating to a deposit with the Department of Administrative Services of an amount due to unknown, disabled, or unlocatable creditors or members.

SECTION 3. Part I of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures for state purchasing, is amended by revising subsection (b) of Code Section 50-5-67, relating to competitive bidding procedure, as follows:
'(b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the

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specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle ofthe supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number ofthe articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.'

SECTION 4. Said Code section is further amended by revising subsection (d) as follows:
"(d)(!) Except as otherwise provided for in this part, the Department of Administrative Services shall publish, prior to award or letting of the contracts, notice of its intent to award a contract to the successful bidder or offeror on public display in a conspicuous place in the department's office, on the Georgia Procurement Registry, or both so that it may be easily seen by the public. The public notice on public display shall also state the price or the amount for which the contract may be awarded, the commodities or services to be covered by the contract which may be awarded, and the names of all persons whose bids, offers, or proposals were rejected by the department, together with a statement giving the reasons for the rejection. (2) Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror, be subject to public inspection upon request. (3) The Department ofAdministrative Services shall also, within one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the department's office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection. (4) The Department of Administrative Services shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. The Department of Administrative Services shall prepare a register of bids, offers, or proposals which will

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become available for public inspection upon request within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror. The bids, offers, or proposals shall not be subject to public disclosure until after the issuance of the public notice of intent to award a contract to the successful bidder or offeror except that audited financial statements not otherwise publicly available but required to be submitted in the bid, offer, or proposal shall not be subject to public disclosure. (5) Records related to the competitive bidding and proposal process which, if disclosed prior to the issuance of the public notice of intent to award would undermine the public purpose of obtaining the best value for this state, shall not be subject to public disclosure until after the department's issuance of its public notice of intent to award a contract to the successful bidder or offeror. Such records include but are not limited to cost estimates, bids, proposals, evaluation criteria, vendor evaluations, negotiation documents, offers and counter-offers, and records revealing preparation for the procurement. (6) A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for.'

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

Approved May 6, 2008.

MILITARY- LAW ENFORCEMENTMATTIE'S CALL; REVISE.
No. 445 (Senate Bill No. 202).
AN ACT
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to revise and redesignate Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to provide for editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by revising and redesignating Article 7, relating to state-wide alert systems for missing disabled adults and for unapprehended murder or rape suspects, as new articles in Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, as follows:

'ARTICLE 7

35-3-170. This article shall be known and may be cited as the 'Mattie's Call Act.'

35-3-171. 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.

35-3-172. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the bureau shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults.

35-3-173. (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 of the alert system. The rules and directives shall 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.

35-3-174. 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 ofthe staff's receiving actual knowledge that such person is missing from the home.

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35-3-175. (a) The bureau 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 bureau may enter into agreements with participants in the alert system to provide necessary support for the alert system.

35-3-176. (a) On notification by a local law 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:
(I) 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 bureau may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system.

35-3-177. Before requesting activation of the alert system, a local law enforcement agency shall verify that the criteria described by subsection (a) of Code Section 35-3-176 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 bureau to request activation and shall supply the necessary information on the forms prescribed by the director.

35-3-178. (a) A state agency participating in the alert system shall:
(I) Cooperate with the bureau 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.

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(b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations.

35-3-179. The director shall terminate any activation of the alert system with respect to a particular disabled adult if:
(l) 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.

35-3-180. (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.

ARTICLE 8

35-3-190. (a) There is established a state-wide alert system known as 'Kimberly's Call.' (b) As used in this article, the term 'local law enforcement agency' means a local law enforcement agency with jurisdiction over the search for a suspect in a case of murder or rape. (c) 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. (d) The provisions of Code Sections 35-3-173, 35-3-175, and 35-3-178 shall also apply to 'Kimberly's Call' as set forth in this Code section. (e) 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.

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(f) 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. (g) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (e) of this Code section have been satisfied. The local law enforcement agency shall assess the appropriate boundaries ofthe alert based on the nature of the suspect and the circumstances surrounding the crime. (h) 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. (i) 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.0

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

Approved May 6, 2008.

LAW ENFORCEMENT- PEACE OFFICERS; SUSPENSION; INTERVIEW REQUIREMENTS.
No. 446 (Senate Bill No. 373).
AN ACT
To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officer's certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; 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 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended in Code Section 35-8-7.1, relating to the authority of the Peace Officer Standards and Training Council to refuse certification of or discipline peace officers, by adding a new subsection to read as follows:
'(d) Upon arrest or indictment of a peace officer for any crime which is punishable as a felony, the executive director of the council shall order the emergency suspension of such officer's certification upon the executive director's determination that the suspension is in the best interest of the health, safety, or welfare of the public. The order of emergency suspension shall be made in writing and shall specify the basis for the executive director's determination. Following the issuance of an emergency suspension order, proceedings of the council in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in Code Section 35-8-7.2. The emergency suspension order of the executive director shall continue in effect until issuance of the final decision of the council or such order is withdrawn by the executive director."

SECTION 2. Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, is revised as follows:
'35-8-8. (a) Any person employed or certified as a peace officer shall:
(I) Be at least 18 years of age; (2) Be a citizen of the United States; (3) Have a high school diploma or its recognized equivalent; (4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau oflnvestigation and the Federal Bureau oflnvestigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council; (7) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercising the powers or duties of a peace officer; and (8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections

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35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Peace officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of six months after an unsuccessful attempt. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. (b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of this Code section.'

SECTION 3. Code Section 35-8-24 of the Official Code of Georgia Annotated, relating to training requirements for jail officers and juvenile correctional officers, is amended in subsection (c) as follows:
'(c) Applicants and persons certified under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all requirements of a peace officer, except the requirements of paragraph(8) of subsection (a) of Code Section 35-8-8 and peace officer training requirements applicable to peace officers only.'

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 6, 2008.

BUILDINGS- HOUSING AUTHORITIES; BONDS; VALIDATION.
No. 447 (Senate Bill No. 397).
AN ACT
To amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions

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regarding bond issuance and validation; 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 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, is amended by revising subsection (f) as follows:
'(f) Any action pertaining to issuance of bonds of an authority issued for the purposes described in this Code section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court ofthe county in which the eligible housing units to be financed with proceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in either the superior court of the county in which the authority is located or in the superior court of any county where any of such eligible housing units are situated.'

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 6, 2008.

CRIMES- PENAL INSTITUTIONS- RECORDED MATERIALS; UNAUTHORIZED REPRODUCTION; RESTITUTION; PAROLEE SUPERVISION; REPEAL OBSOLETE PROVISIONS.
No. 448 (Senate Bill No. 406).
AN ACT
To amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to increase penalties for reproducing, transferring, selling, distributing, or circulating certain recorded material; to provide for forfeiture of certain items; to provide for additional restitution as it relates to violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer,

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sale, distribution, and circulation; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by revising Code Section 16-8-60, relating to reproducing, transferring, selling, distributing, or circulating certain recorded material, as follows:
'16-8-60. (a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to:
(I) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived; or (2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distribution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution, or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which sounds or visual images have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived. (b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package. (c) This Code section shall not apply to any person who transfers or causes to be transferred any such sounds or visual images: (1) Intended for or in connection with radio or television broadcast transmission or related uses; (2) For archival purposes; or

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(3) Solely for the personal use of the person transferring or causing the transfer and without any profit being derived by the person from the transfer. (d) Every person convicted of violating this Code section shall be guilty of a felony and shall be punished as follows: (I) Upon the first conviction of violating this Code section, by a fine of not less than $500.00 nor more than $25,000.00, by imprisonment for not less than one year nor more than two years, or both such fine and imprisonment; (2) Upon the second conviction of violating this Code section, by a fine of not less than $1,000.00 nor more than $100,000.00, by imprisonment for not less than one year nor more than three years and the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment, or both such fine and imprisonment; or (3) Upon the third or subsequent conviction of violating this Code section, by a fine of not less than $2,000.00 nor more than $250,000.00, by imprisonment for not less than two nor more than five years and the judge may suspend, stay, or probate all but six days of any term of imprisonment, or both such fine and imprisonment. (e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract. (f)(1) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (g) For purposes of imposing restitution pursuant to Chapter 14 of Title 17 when a person is convicted pursuant to this Code section, the court shall consider damages to any owner or lawful producer of a master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which sounds or visual images are derived. Restitution shall be based upon the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation of this Code section and shall also include reasonable investigative costs related to the detection ofthe violation ofthis Code section.'

SECTION 2. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by repealing Article 3, relating to the "Uniform Act for Out-of-State Parolee Supervision" and designating said article as reserved.

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

Approved May 6, 2008.

FIRE PROTECTION- 2008 GEORGIA FIREFIGHTER STANDARDS AND TRAINING COUNCIL.
No. 449 (Senate Bill No. 414).
AN ACT
To amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings ofthe Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; 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 "2008 Georgia Firefighter Standards and Training Council Act."
SECTION 2. Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, is amended by revising Code Section 25-4-2, relating to definitions, by adding a new paragraph to read as follows:
"(5.1) 'Fire department' shall have the same meaning as provided in Code Section 25-3-21.'
SECTION 3. Said chapter is further amended by revising Code Section 25-4-6, relating to meetings of the Georgia Firefighter Standards and Training Council, as follows:

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"25-4-6. The business of the council shall be conducted in the following manner:
(I) The council shall hold at least two regular meetings each year at the call of the chairperson or upon the written request of six members of the council. Six members of the council shall constitute a quorum. 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. (2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient.n

SECTION 4. Said chapter is further amended by revising paragraph (4) of Code Section 25-4-7, relating to the functions and powers of the Georgia Firefighter Standards and Training Council, as follows:
"(4) To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter;n

SECTION 5. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 25-4-8, relating to qualifications of firefighters generally, as follows:
"(2) Not have been convicted of a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has:
(A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections; (B) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and (C) Met all other requirements as set forth in this chapter. The council shall be the final authority with respect to authorizing employment and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility

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of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires;"

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

Approved May 6, 2008.

PUBLIC OFFICERS - STATE GOVERNMENT INSURANCE COVERAGE; INCENTIVE PROGRAMS.
No. 450 (Senate Bill No. 425).
AN ACT
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department ofAdministrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities' participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to authorize the commissioner of administrative services to establish incentive programs; to establish a return to work program; to provide for premiums, deductibles, and penalties for state entities; to amend Chapter 16 of Title 50 ofthe Official Code of Georgia Annotated, relating to public property, so as to authorize the Department ofAdministrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories ofstate agencies, institutions, and authorities, and such entities' participation in loss control programs; to amend Code Section 50-21-33, relating to liability insurance or self-insurance programs and additional coverages, so as to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities' participation in loss control programs; to provide for the deposit of funds collected from state entities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification, is amended by revising subsection (a) of Code Section 45-9-4, relating to the commissioner ofadministrative services purchasing insurance or entering into indemnity contracts, as follows:
"(a) When the commissioner of administrative services determines that an adequate number ofagencies, boards, bureaus, commissions, departments, or authorities ofthis state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies ofliability insurance, reinsurance, or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out ofthe performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies ofliability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, the commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. The commissioner shall also charge to state entities such premiums, deductibles, and other payments taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or self-insurance programs established under this Code section. The commissioner is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the liability trust fund provided for in this Code section. Any amounts held by the commissioner which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the self-insurance program. The director ofthe Office ofTreasury and Fiscal Services shall invest these funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of

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Title 50. All income derived from such investments shall accrue to the self-insurance program. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services.'

SECTION 2. Said chapter is further amended by revising Code Section 45-9-4, relating to the commissioner of administrative services purchasing insurance or entering into indemnity contracts, by adding a new subsection as follows:
'(g) The policy of insurance provided for in this Code section may also provide liability coverage to nonprofit agencies and their employees, which agencies have contracted with the Department of Juvenile Justice, the Department of Transportation, or the Department of Human Resources to furnish certain services; provided, however, that such liability coverage shall be limited to damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 49-2-13.1 by an employee of such nonprofit agency during the course of such person's employment with such nonprofit agency and the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency before any coverage shall be effective. For the purpose ofthis Code section, 'nonprofit agency' means any nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 50l(c)(3) of the Internal Revenue Code.'

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded, as follows:
'(a) For the purposes of this Code section, the term 'nonprofit agency' means a nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 50l(c)(3) of the Internal Revenue Code.'

SECTION 4. Said chapter is further amended by repealing Article 3, relating to the operation of state motor vehicles by employees, and designating said article as reserved.

SECTION 5. Chapter 5 of Title 50 ofthe Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by revising Code Section 50-5-12, relating to the formulation of a self-insurance program for workers' compensation for state employees, as

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follows: 0 50-5-12. The Department of Administrative Services shall formulate and initiate a sound program of self-insurance for workers' compensation benefits for all employees of the state, including employees of authorities. In formulating the self-insurance program, the department is directed to establish a return to work program that promotes the return of an employee to employment by creating transitional employment prior to full recovery by providing temporary assignments for an employee that are meaningful and medically approved until the employee can return to his or her regularly assigned duties. If an agency or authority does not allow an employee to engage in transitional employment under the return to work program, the number of authorized positions in the budget for the agency or authority shall be decreased by the number of employees collecting workers' compensation not engaged in return to work employment for whom return to work plans have been developed.0

SECTION 6. Said chapter is further amended by revising Code Section 50-5-13, relating to the extent, amounts, reserves, and excess coverage for a self-insurance program, as follows:
"50-5-13. The department shall determine the amount and extent ofself-insurance which the state can assume, the necessary reserves needed, the premiums to be charged and any deductibles to be paid by agencies and authorities, the amount of benefits to be paid within the scope of the workers compensation statutes, and type of addition or excess insurance coverage that may be required. The department is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the workers' compensation trust fund provided for in Code Section 50-5-14."

SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 50-5-16, relating to liability insurance and self-insurance for state authorities, as follows:
"(b) State funds may be appropriated for the program, but the commissioner shall charge such premiums, deductibles, and other payments as the commissioner determines necessary or useful. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation

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in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. From the funds available to the commissioner, the commissioner shall establish such reserves as the commissioner determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. Any amounts held by the liability insurance or self-insurance funds which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in trust accounts for credit only to the liability insurance and self-insurance funds. The director ofthe Office ofTreasury and Fiscal Services shall invest the liability insurance and self-insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the liability insurance and self-insurance funds. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."

SECTION 8. Said chapter is further amended by revising paragraph (6) of Code Section 50-5-51, relating to the power, authority, and duty of the Department of Administrative Services, as follows:
0 (6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to

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retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession;'

SECTION 9. Chapter 16 ofTitle 50 ofthe Official Code ofGeorgia Annotated, relating to public property, is amended by revising Code Section 50-16-9, relating to the formulation of a self-insurance plan for the state's properties, as follows:
'50-16-9. (a) The Department of Administrative Services may formulate and initiate a plan of self-insurance for the state's properties. The department shall cause:
(I) A complete appraisal to be made of all the state's insurable property as to value; (2) A complete classification to be made of all the state's insurable property by type of risk; and (3) A determination and recommendation to be made of the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the minimum claim to be paid on each risk, the type of additional or excess insurance coverage that may be required, the premiums to be charged, and any deductibles to be paid by state agencies and authorities. (b) The department is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the state insurance and hazard reserve fund provided for in this chapter. (c) Upon the formulation of a plan of self-insurance based on the foregoing determinations made and submitted by the Department of Administrative Services, the Governor, by executive order, may establish and effectuate a plan of self-insurance; and the General Assembly from time to time shall provide and maintain by appropriation an insurance

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reserve fund.'

SECTION 10. Said chapter is further amended by repealing Code Section 50-16-10, relating to the formulation of a self-insurance plan for public school buildings, and designating said Code section as reserved.

SECTION 11. Said chapter is further amended by revising Code Section 50-16-11, relating to employment of personnel to carry out self-insurance plans, as follows:
'50-16-11. The Department of Administrative Services is authorized and empowered to employ, as a regular member of its staff, persons with expert knowledge, training, and experience in underwriting and planning and such other personnel, including temporary professional insurance engineers and actuaries, as are necessary to carry out the details provided in Code Section 50-16-9.'

SECTION 12. Code Section 50-21-33, relating to liability insurance or self-insurance programs and additional coverages, is amended by revising subsection (d) as follows:
'(d) The Department of Administrative Services shall establish and charge to state government entities such premiums, deductibles, and other payments, taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or self-insurance programs established under this Code section. The premiums and deductibles charged to each state government entity may be established on such basis as the Department of Administrative Services shall deem appropriate and such basis may include the number of employees, the aggregate annual budget of the state government entity, and unique exposures, loss history, or claims pending against such state government entity. The department is further authorized to establish incentive programs including but not limited to differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the State Tort Claims Trust Fund provided for in this Code section.'

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SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Approved May 6, 2008.

EVIDENCE- DNA INFORMATION; GEORGIA BUREAU OF INVESTIGATION COMPARISON.
No. 451 (Senate Bill No. 430).
AN ACT
To amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may compare lawfully collected information to lawfully maintained 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 24-4-63 of the Official Code of Georgia Annotated, relating to the dissemination of DNA information in the DNA data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, is amended by redesignating subsections (b) through (e) as subsections (c) through (f) and adding a new subsection (b) as follows:
'(b) Upon request from a prosecutor or law enforcement agency, the bureau may compare a DNA profile from an analysis of a sample from a suspect in a criminal investigation where the sample was obtained through a search warrant, consent of the suspect, court order, or other lawful means to DNA profiles lawfully collected and maintained by the bureau. The bureau shall not add a DNA profile of any such suspect to any DNA data bank except upon conviction as provided in this article.'

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

Approved May 6, 2008.

CORPORATIONS- MULTIPLE CHANGES TO CORPORATIONS AND LIMITED PARTNERSHIPS.
No. 452 (Senate Bill No. 436).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change provisions relating to the corporate code; to provide for certain filing fees for late filing of annual registration, filing of articles of dissolution or intent to dissolve, or application of withdrawal for a business corporation, a nonprofit corporation, a foreign limited liability partnership, a partnership under the "Georgia Revised Uniform Limited Partnership Act," or a limited liability company; to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to change provisions relating to reinstatement of a corporation, nonprofit corporation, or limited liability company after such entity was administratively dissolved; 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 revising Code Section 14-2-122, relating to filing fees and penalties, as follows:
"14-2-122. The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him or her for filing:
Document
(1) Articles of incorporation.......................................$ 100.00

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(2) Application for certificate of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00 (3) Annual registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 (4) Penalty for late filing of annual registration. . . . . . . . . . . . . . . . . . . . . . . . 25.00 (5) Agent's statement of resignation................................. No fee (6) Certificate of judicial dissolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Articles of dissolution or intent to dissolve.. . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Application of withdrawal...................................... No fee (9) Application for reservation of a corporate name.. . . . . . . . . . . . . . . . . . . . 25.00 (1 0) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 (II) Statement of change of address ofregistered agent...$5.00 per corporation but not less than. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (12) Application for reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (13) Certificate of conversion...................................... 95.00 (14) Any other document required or permitted to be filed by this chapter. . . 20.00'

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 14-2-728, relating to voting for directors and cumulative voting, as follows:
"(a) Unless otherwise provided in: (1) The articles of incorporation; or (2) A bylaw that fixes a greater voting requirement for the election of directors and that is adopted by the board of directors of a corporation having shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association,
directors are elected by a plurality of the votes cast by the shares entitled to vote in the election. Action to elect directors may be taken at a meeting only if a quorum is present.'
SECTION 3. Said title is further amended by revising Code Section 14-2-807, relating to resignation of directors, as follows:
'14-2-807. (a) A director may resign at any time by delivering notice in writing or by electronic

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transmission to the board of directors, its chairperson, or to the corporation. (b) A resignation shall be effective when the notice is delivered unless the notice specifies either a later effective date or an effective date determined upon the happening of an event. '(c) A resignation that is conditioned upon the happening of an event may provide that it is irrevocable.'

SECTION 4. Said title is further amended by revising subsection (c) of Code Section 14-2-810, relating to vacancy on a board, as follows:
(c) A vacancy that may occur at a later date (by reason of a resignation effective at a later date under subsection (b) of Code Section 14-2-807 or otherwise) may be filled before the vacancy occurs, but the new director may not take office until the vacancy occurs.'

SECTION 5. Said title is further amended by revising subsection (b) of Code Section 14-2-1020, relating to an amendment by a board of directors or shareholders, as follows:
'(b) A corporation's shareholders may amend or repeal the corporation's bylaws or adopt new bylaws even though the bylaws may also be amended or repealed by its board of directors; provided, however, that unless the articles of incorporation provide otherwise, the shareholders may not amend (but may repeal) a bylaw adopted by the board ofdirectors pursuant to subsection (a) of Code Section 14-2-728 or adopt a bylaw changing the plurality standard for the election of directors set forth in such subsection.'

SECTION 6. Said title is further amended by revising Code Section 14-2-1021, relating to bylaws increasing quorum or voting requirement for shareholders, as follows:
'14-2-1021. (a) Except as provided in subsection (b) of Code Section 14-2-1020, a bylaw adopted by the shareholders may fix a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter. A bylaw in effect on July 1, 1989, fixing a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter shall remain valid until amended or repealed as provided in subsection (b) of this Code section. (b) Except as provided in Code Section 14-2-1020, 14-2-1113, or 14-2-1133, a bylaw adopted by the shareholders that fixes a greater quorum or voting requirement for shareholders under subsection (a) of this Code section shall not be adopted, amended, or repealed by the board of directors.'

SECTION 7. Said title is further amended by revising subsections (a) and (b) of Code Section 14-2-1422, relating to reinstatement following administrative dissolution, as follows:

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"(a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application shall:
(1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) Either be executed by the registered agent or an officer, director, or shareholder of the corporation, in each case as set forth in the most recent annual registration of the corporation filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was an officer, director, or shareholder, or an heir, successor, or assign of a person who was an officer, director, or shareholder, of the corporation at the time that the corporation was administratively dissolved, stating that such person or decedent was an officer, director, or shareholder of the corporation at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) The Secretary of State shall reserve the name of a corporation administratively dissolved under Code Section 14-2-1421 for such corporation's specific use for a period of five years after the effective date of the dissolution or until the corporation is reinstated, whichever is sooner."

SECTION 8. Said title is further amended by revising Code Section 14-3-122, relating to filing fees for nonprofit corporations, as follows:
"14-3-122. The Secretary of State shall collect the following fees when the documents described in this Code section are delivered for filing:

Document

Fee

(1) Articles of incorporation....................................... $ 100.00

(2) Application for certificate of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00

(3) Annual registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00

(4) Penalty for late filing of annual registration. . . . . . . . . . . . . . . . . . . . . . . . 25.00

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(5) Agent's statement of resignation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (6) Certificate of judicial dissolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Articles of dissolution or intent to dissolve.. . . . . . . . . . . . . . . . . . . . . . . . No fee (8) Application of withdrawal...................................... No fee (9) Application for reservation of a corporate name.. . . . . . . . . . . . . . . . . . . . 25.00 (10) Statement of change of address ofregistered agent...$5 .00 per corporation but not less than. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (II) Application for reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 (12) Any other document required or permitted to be filed by this chapter ...20. 00'

SECTION 9. Said title is further amended by revising subsections (a) and (b) of Code Section 14-3-1422, relating to reinstatement following administrative dissolution of a nonprofit corporation, as follows:
'(a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application shall:
(I) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) Either be executed by the registered agent or an officer, director, or shareholder of the corporation, in each case as set forth in the most recent annual registration of the corporation filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was an officer, director, or shareholder, or an heir, successor, or assign of a person who was an officer, director, or shareholder, of the corporation at the time that the corporation was administratively dissolved, stating that such person or decedent was an officer, director, or shareholder of the corporation at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.

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(b) The Secretary of State shall reserve the name of a corporation administratively dissolved under Code Section 14-2-1421 for such corporation's specific use for a period of five years after the effective date of the dissolution or until the corporation is reinstated, whichever is sooner.'

SECTION 10. Said title is further amended by revising Code Section 14-8-57, relating to filing fees pertaining to foreign limited liability partnerships, as follows:
'14-8-57. The Secretary of State shall collect the following fees and penalties when the documents described below are delivered to the Secretary of State for filing pursuant to the chapter:

Document

Fee

(I) Application for certificate of authority to transact business............ $ 200.00

(2) Statement of change of registered office or registered agent... $5.00 per foreign limited liability partnership, but not Jess than. . . . . . . . . . . . . . . . . . . . 20.00

(3) Registered agent's statement of resignation pursuant to subsection (e) of Code Section 14-8-46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee

(4) Annual registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(5) Penalty for late filing of annual registration. . . . . . . . . . . . . . . . . . . . . . . . 25.00

(6) Application of withdrawal...................................... No fee

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

SECTION 11. Said title is further amended by revising Code Section 14-9-110 I, relating to fees under the "Georgia Revised Uniform Limited Partnership Act," as follows:
'14-9-1101. The Secretary of State shall charge and collect for filing:

Document

Fee

(I) A certificate of limited partnership ...............................$ I00.00

(2) A registration of a foreign limited partnership. . . . . . . . . . . . . . . . . . . . . . 225.00

(3) An annual registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00

(4) Penalty for late filing of annual registration. . . . . . . . . . . . . . . . . . . . . . . . 25.00

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

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(6) Certificate of cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee (7) Application of withdrawal...................................... No fee (8) Statement of change of address of registered agent or registered office... $5.00 per limited partnership but not less than. . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership............................... 100.00 (10) Certificate of election to become a limited partnership............... 80.00 (11) Certificate of conversion...................................... 95.00 (12) Application for reservation of a name.. . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (13) Any other document required or permitted pursuant to this chapter.. . . . 20.00"

SECTION 12. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution oflimited liability companies, as follows:
'(4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application shall:
(A) Recite the name of the limited liability company and the effective date of its administrative dissolution; (B) State that the ground or grounds for dissolution either did not exist or have been eliminated; (C) Either be executed by the registered agent or a member or manager of the limited liability company, in each case as set forth in the most recent annual registration of the limited liability company filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was a member or manager, or an heir, successor, or assign of a person who was a member or manager, of the limited liability company at the time that the limited liability company was administratively dissolved, stating that such person or decedent was a member or manager of the limited liability company at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (D) Contain a statement by the limited liability company reciting that all taxes owed by the limited liability company have been paid; and (E) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other

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fees and penalties payable for earlier periods. If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the limited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date ofthe administrative dissolution, and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred!

SECTION 13. Said title is further amended by adding a new paragraph to subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution oflimited liability companies, to read as follows:
'(6) The Secretary of State shall reserve the name of a limited liability company administratively dissolved under Code Section 14-2-1421 for such limited liability company's specific use for a period of five years after the effective date ofthe dissolution or until the limited liability company is reinstated, whichever is sooner!

SECTION 14. Said title is further amended by revising subsection (a) of Code Section 14-11-1101, relating to filing fees and penalties for limited liability companies, as follows:
'(a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter:

Document

Fee

(I) Articles of organization.................................... $ 100.00

(2) Articles of amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

(3) Articles of merger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

(4) Certificate of election under Code Section 14-11-212 (together with articles of organization). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95.00

(5) Application for certificate of authority to transact business. . . . . . . .

225.00

(6) Statement of commencement of winding up....................

No Fee

(7) Certificate of termination.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No Fee

(8) Application of withdrawal..................................

No fee

(9) Articles of correction.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.00

GEORGIA LAWS 2008 SESSION
(10) Application for reservation of a name....................... . (II) Statement of change of registered office or registered agent...$5 .00 per limited liability company (foreign or domestic), but not less than .... (12) Registered agent's statement ofresignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703. (13) Certificate of judicial dissolution.......................... . (14) Annual registration (foreign or domestic).................... . (15) Penalty for late filing of annual registration.................. . (16) Reinstatement fee ....................................... . (17) Any other document required or permitted to be filed by this chapter
(18) Certificate of conversion................................. .
SECTION 15. All laws and parts of laws in conflict with this act are repealed.
Approved May 6, 2008.

261 25.00
20.00
No fee No fee
30.00 25.00 I 00.00
20.00 95.00"

ELECTIONS- CODE REVISION; CORRECTIONS.
No. 453 (Senate Bill No. 456).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 in:

(I) Code Section 21-2-40, relating to the authorization of the General Assembly to create

board of elections and board of elections and registration in any county, by replacing

"absentee balloting procedures." with "absentee-balloting procedures." in subsection (b).

(2) Code Section 21-2-3 79.1, relating to requirements for use of electronic recording voting

systems, by replacing "direct electronic recording voting system" with "direct recording

electronic voting system" in the introductory language.

(3) Code Section 21-2-3 79.2, relating to the review of manufacturer's electronic recording

voting system by the Secretary of State, appointment and compensation of examiners,

revocation of approval, written verification and certification prior to election or primary,

penalties, and conflicts of interest, by replacing "direct electronic recording voting system"

with "direct recording electronic voting system" in subsections (a), (b), (c), (f), and (g) and

by replacing "direct electronic voting system" with "direct recording electronic voting

system" in subsection (e).

(4) Code Section 21-2-384, relating to absentee voting and preparation and delivery of

supplies, mailing of ballots, oath ofabsentee electors and persons assisting absentee electors,

master list of ballots sent, and challenges is amended by replacing "This, the _ _ _ _ __

day of

."with "This, the

day of

, ____.

in the form in paragraph (1) of subsection (c).

(5) Code Section 21-2-386, relating to absentee voting and safekeeping, certification, and

validation of absentee ballots, rejection of ballot, delivery of ballots to manager, duties of

managers, precinct returns, and notification of challenged elector, by replacing "absentee

ballots clerks" with "absentee ballot clerks" in paragraph (2) of subsection (a).

(6) Code Section 21-2-522, relating to grounds for contesting elections and primaries, by

inserting "or" at the end of paragraph (4).

(7) Code Section 21-5-30.2, relating to campaign contributions by public agencies, by

replacing "in accordance with Chapter 2 or 3" with "in accordance with Chapter 2" in

paragraph (3) of subsection (a).

(8) Code Section 21-5-70, relating to definitions regarding public officials conduct and

lobbyist disclosure, by replacing "vendor" with "vender" in subparagraph (G) of paragraph

(5).

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

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

Approved May 6, 2008.

HEALTH-MENTAL HEALTH -PERSONAL CARE HOME; HOST HOME.
No. 454 (Senate Bill No. 469).
AN ACT
To amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight ofhost homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department ofHuman Resources; to define "host home"; 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 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, is amended by revising paragraph (1) of subsection (a) as follows:
'( 1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (16) of subsection (b) of Code Section 37-1-20."
SECTION 2. Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, is amended by revising subsection (b) as follows:
'(b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases;

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(2) Direct, supervise, and control the medical and physical care, treatment, and rehabilitation provided by the institutions and programs under its control, management, or supervision; (3) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, choice of providers for consumers, and to comply with the applicable federal laws, rules and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health; (6) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11) Disseminate information about available services and the facilities through which such services may be obtained; (12) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14) Supervise the regional offices concerning making contracts with any hospital, community service board, or any public or private providers without regard to regional

GEORGIA LAWS 2008 SESSION

265

or state boundaries for the provision ofdisability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions ofthe division and the regional offices; (15) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; (16) Classify 'community living arrangements' and 'host homes' for persons whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term:
(A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the division. The division shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements.u

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

Approved May 6, 2008.

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HEALTH- INDIGENT CARE TRUST FUND; AMBULANCE FEES.

No. 455 (Senate Bill No. 479).

AN ACT

To amend Code Section 31-8-159 of the Official Code of Georgia Annotated, relating to reporting to the General Assembly on use of funds of the Indigent Care Trust Fund, so as to include in the reporting related to the trust fund certain information about fees for licensed ambulance services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-8-159 of the Official Code of Georgia Annotated, relating to reporting to the General Assembly on use of funds ofthe Indigent Care Trust Fund, is revised as follows:
'31-8-159. (a) The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. (b) The department shall also provide an annual report no later than September 30 of each year which shall provide the following information for the immediately preceding fiscal year:
(I) The amount of ambulance service license fees received by the department pursuant to Code Section 31-11-31.1; (2) The amount of federal funds received as matching funds to the corresponding ambulance service license fees received; and (3) The total amount of funds disbursed to emergency ambulance services from the Indigent Care Trust Fund. The report required by this subsection shall be made available to the public free of charge by electronic means and in such other manner as the department deems appropriate.'

SECTION 2. This Act shall become effective on July I, 2008.

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

Approved May 6, 2008.

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267

STATE GOVERNMENT- STATE LAW LIBRARY; REPEAL.

No. 456 (Senate Bill No. 482).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter II, relating to the State Law Library; to delete references to the State Law Library; to amend the Official Code of Georgia Annotated so as to make conforming changes; 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. Title 50 ofthe Official Code of Georgia Annotated, relating to state government, is amended by repealing Chapter II, relating to the State Law Library, and designating said chapter as reserved.

SECTION 2. Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries, is amended by revising subsection (k) as follows:
'(k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Division of Archives and History, the Board of Regents of the University System of Georgia, or other public libraries. Books and other library holdings which are obsolete, defective, worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the University of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books.'

SECTION 3. Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments, is amended by revising subsections (a) and (d) as follows:
'(a) As used in this Code section, the term 'local governing authority' means the governing authority of each municipality and county in this state.' '(d) Each such general codification shall be:
(I) Made available by posting such codification on the Internet; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) In counties which have established a county law library, furnished as a copy to the county law library.'

SECTION 4. Code Section 45-13-22 ofthe Official Code of Georgia Annotated, relating to distribution of copies of the Georgia Laws and the journals of the House of Representatives and the Senate, is amended by revising paragraph (1) of subsection (c) as follows:
"(1) Law Department- 33 sets, which number may be increased by written order of the Attorney General;"

SECTION 5. Said Code section is further amended by revising paragraph (1) of subsection (d) as follows:
"(1) Law Department- four sets, which number may be increased by written order of the Attorney General;"

SECTION 6. Said Code section is further amended by revising subsection (h) as follows:
'(h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government.'

SECTION 7. Article 3 of Chapter 5 of Title 50, relating to state purchasing, is revised in paragraph (1} of subsection (a) of Code Section 50-5-58, relating to cases where purchases through the Department of Administrative Services are not mandatory, as follows:
(1) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of any library in the state supported by state funds; also services;"

SECTION 8. Article 2 of Chapter 18 of Title 50, relating to court reports, is amended by revising Code Section 50-18-31, relating to the procedure for distribution of reports and the discontinuance or resumption of distribution, as follows:
"50-18-31. The reporter shall make distribution of the reports which shall be handled in accordance with this Code section:
(1) The reporter shall place all orders for the reports with the publisher. At any time the state librarian adds or eliminates a particular exchange point or determines that the

GEORGIA LAWS 2008 SESSION

269

number of copies of either of the reports needs to be changed, he or she shall notify the reporter of this fact in writing, and the reporter shall adjust his or her orders for new reports accordingly; (2) All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or public employees within the state, other than to the state librarian for exchange purposes, shall be the property of the appropriate public officer or employee during his or her term of office or employment and shall be turned over to his or her successor; and the reporter shall take and retain a receipt from each such public officer or employee acknowledging this fact. Volumes distributed to the state librarian for exchange purposes, but handled for delivery to exchangees by the reporter on behalf and in the name of the state library, shall become the property of the recipient. The reporter shall at all times use the most economical method of shipment consistent with the safety and security of the volumes; (3) The reporter shall make distributions ofthe reports in accordance with the following:

Archives, State............................................ .

one copy

Commissioner of Insurance.................................. . Court of Appeals of Georgia................................. .
(which number may be increased upon written order from the Chief Judge to the reporter) Executive Department...................................... .

one copy 23 copies
one copy

Georgia Institute of Technology............................... . Georgia State University.................................... .

one copy one copy

Historical Society, Georgia.................................. . Human Resources, Department of............................. .

one copy one copy

House Judiciary Committee.................................. . Labor, Department of....................................... .

one copy one copy

Law, Department of. ....................................... . six copies

(which number may be increased upon written order from the Attorney General)
Legislative Counsel.

one copy

(which number may be increased upon written order of the Legislative Counsel)

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Library, State

Exchange Program:

Each foreign government authority participating............... .

one copy

Each state participating................................... .

one copy

Shelving.............................................. . two copies

Newly created superior court circuits or judgeships. . . . . . . . . . . . . . . . as appropriate

Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to reports shall notify the reporter in writing of his or her assumption of office, the reporter shall add his or her position to those to receive reports and shall supply him or her with all earlier volumes.

Judge of the Probate Court (each county).

one copy

Public Service Commission.................................. .

one copy

Recipients not named herein but named on the librarian's distribution list as of the date of his or her last distribution of the reports next preceding April IS, 1975 (each)....................................... .

one copy

The reporter is authorized to add such names, in whole or in part, to his or her listing of distributees to receive future reports.

Reporter

Assistant reporter's desk................................... .

one copy

Copyright. .............................................. . three copies

Reporter's clerical staff.................................... .

one copy

Reporter's desk.......................................... .

one copy

Secretary of State.......................................... .

one copy

Senate Judiciary Committee.................................. .

one copy

Special or emergency circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . as appropriate

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When it shall appear to the reporter that a worthy state purpose will be served thereby, he or she may add agencies or officers to the list of recipients of reports, provided that no courts or agencies of a local nature shall be added to the list.

Superior Courts

Clerks (each)............................................ .

one copy

District Attorneys (each)................................... .

one copy

Judges (each)............................................ .

one copy

Supreme Court of Georgia................................... .

18 copies

(which number may be increased upon written order from the Chief Justice to the reporter)

United States Courts

Court of Appeals, Fifth Circuit. ............................. .

one copy

District Courts, Georgia.................................... . four copies

University of Georgia Law School Library...................... .

25 copies

Workers' Compensation, State Board of........................ . six copies

The reporter may add additional recipients or additional copies to named recipients upon written order from the ChiefJustice ofthe Supreme Court; and
(4) Notwithstanding the provisions of paragraph (3) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public.'

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 6, 2008.

DOMESTIC RELATIONS- CHILD SUPPORT AWARD GUIDELINES; CALCULATION; FAMILY VIOLENCE; MILITARY.
No. 457 (Senate Bill No. 483).
AN ACT
To amend Code Section 19-6-15 ofthe Official Code ofGeorgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to correct cross-references and clarify certain provisions ofthe Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, is amended by revising paragraphs (1), (6.1), (17), (18), and (20) of subsection (a) as follows:
'(I) 'Adjusted child support obligation' means the basic child support obligation adjusted by health insurance and work related child care costs.' '(6.1) 'Child support services' means the agency within the Department of Human Resources which provides and administers child support services.' (17) 'Parenting time deviation' means a deviation from 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 subsections (g) and (i) of this Code section. (18) 'Preexisting order' means:
(A) An order in another case that requires a parent to make child support payments for

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273

another child, which child support the parent is actually paying, as evidenced by documentation as provided in division (f)(5)(B)(iii) ofthis Code section; and (B) That the date of filing with the clerk of court of the initial order for each such other case is earlier than the date of filing with the clerk of court of the initial order in the case immediately before the court, regardless of the age of any child in any of the cases." '(20) '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 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."

SECTION 2. Said Code section is further amended by revising paragraphs (8) and (9) of subsection (b) as follows:
'(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) Parenting time; and (K) Nonspecific deviations; (9) The final child support order shall be the presumptive amount of child support as increased or decreased by deviations and any benefits which the child receives under Title II of the federal Social Security Act shall be applied against the final child support order. 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;'

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SECTION 3. Said Code section is further amended by revising subsection (c) as follows:
(c) Applicability and required findings. (I) 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 or order in a civil action filed pursuant to Code Section 19-13-4. The rebuttable presumptive amount of child support provided by this Code section may be increased or decreased according to the best interest ofthe child for whom support is being considered, the circumstances of the parties, the grounds for deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means. (2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (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 of the 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 shall order that the child be covered under such health insurance; (E) Include written findings of fact as to whether one or more ofthe 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 findings 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 ofthe 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

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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; (G) Include a written finding regarding the use of benefits received under Title II ofthe federal Social Security Act in the calculation of the amount of child support; and (H) 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. (4) 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. The child support worksheet and Schedule E shall be attached to the final court order or judgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheet and schedule attached thereto. (5) 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 determining gross income. The court shall determine adjusted income, health insurance costs, and work related child care costs. 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. (6) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement contrary to the presumptive amount ofchild support which maybe made the order of the court pursuant to review by the court of the adequacy ofthe 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. (7) In any case filed pursuant to Chapter ll 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 of fact, including

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gross income and deviations, and a jury shall not hear any issue related to such cases.'

SECTION 4. Said Code section is further amended by revising paragraphs (I) and (3), subparagraphs (B) and (C) of paragraph (4), and subparagraphs (B) and (D) of paragraph (5) of subsection (t) as follows:
"(!) 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, United States Department of Veterans Affairs, 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; (xxi) Assets which are used for the support of the family; and (xxii) Other income. (B) SELF-EMPLOYMENT INCOME. Income from self-employment includes income from, but not limited to, business operations, work as an independent contractor or consultant,

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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 reasonable expenses required for self-employment or business operations. Ordinary and reasonable expenses of self-employment or business operations necessary to produce income do not include:
(i) Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation 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 of employment, 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. Fringe benefits shall 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, military bonuses, and dividends shall be averaged by the court or the jury over a reasonable period of time consistent with the circumstances ofthe 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. (E) MILITARY COMPENSATION AND ALLOWANCES. Income for a parent who is an active duty member of the regular or reserve component ofthe United States armed forces, the United States Coast Guard, the merchant marine ofthe United States, the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard shall include: (i) Base pay; (ii) Drill pay;

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(iii) Basic allowance for subsistence, whether paid directly to the parent or received in-kind; and (iv) Basic allowance for housing, whether paid directly to the parent or received in-kind, determined at the parent's pay grade at the without dependent rate, but shall include only so much ofthe allowance that is not attributable to area variable housing costs. Except as determined by the court or jury, special pay or incentive pay, allowances for clothing or family separation, and reimbursed expenses related to the parent's assignment to a high cost of living location shall not be considered income for the purpose of determining 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 (l)(A)(xiii) of this subsection, and after calculating the amount of child support, if the presumptive amount of child support, as increased or decreased by deviations, 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, as increased or decreased by deviations, 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 ofthat parent shall have been met and no further child support shall be paid. (D) Any benefit amounts under Title II ofthe 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.' '(B) MODIFICATION. When cases with established orders are reviewed for modification and a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the court or jury has no other reliable evidence of such parent's income or income potential, the court or jury may 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 such parent's gross income

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for each year since the final child support order was entered or last modified and shall calculate the basic child support obligation using the increased amount as such parent's gross income. (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 leave unchanged the amount of current child support 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 that there has been a substantial change in either parent's income, financial status, the needs of the child, or other such factors required for modification of an order pursuant to subsection (k) of this Code section." '(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 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 filing with the clerk of court of the initial support order precedes the date of filing with the clerk of court of the initial order in the case immediately under consideration; (ii) The priority for preexisting orders shall be determined by the date of filing with the clerk of court 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 services' 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

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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 orders or subsequent orders and shall not be used as a basis for reducing gross income." 6 (0) 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 (B) of paragraph (5) of this subsection, any credit for a parent's other qualified children may be considered using the procedure set forth in subparagraph (C) of this paragraph.'

SECTION 5. Said Code section is further amended by revising subsection (g) as follows:
u(g) Parenting time deviation. 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."

SECTION 6. Said Code section is further amended by revising division (2)(B)(i) of subsection (h) as follows:
6 (B)(i) If either parent has health insurance reasonably available at reasonable cost that provides for the health care needs of the child, then an amount to cover the cost of the 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 insurance cost attributable to the child who is the subject of the order shall be included."

SECTION 7. Said Code section is further amended by revising paragraph (I), subparagraphs (B), (G), (J), and (K) of paragraph (2), and paragraph (3) of subsection (i) as follows:
6 (!) 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 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 ofchild support, the court

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or the jury shall consider all available income of the parents and shall make written findings or special interrogatory findings that an amount ofchild 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 of the 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. (D) 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: '(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 ofliving 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 ofeach 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 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

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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.' "(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. If the 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, shall make a written finding ofsuch consideration as a basis for deviation from the presumptive amount of child support.' "(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 by assigning or deducting credit for actual payments for extraordinary expenses. (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 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

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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 of the 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 or a parent of the child; 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 as set forth in the order of visitation or when the child resides with both parents equally. (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) of Code Section 19-11-8, if any action or

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claim for parenting time or a parenting time deviation 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 services. (3) NONSPECIFIC DEVIATIONS. Deviations from the presumptive amount ofchild 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.'

SECTION 8. Said Code section is further amended by revising paragraphs (I) and (4) of subsection (k) as follows:
(I) Except as provided in paragraph (2) of this subsection, a parent shall not have the right to petition for modification of the 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 parent's income and financial status or the needs of the child.' (4) A petition for modification shall be filed under the same rules of procedure applicable to divorce proceedings. The court may allow, upon motion, the temporary modification of a child support order pending the final trial on the petition. An order granting temporary modification shall be subject to revision by the court at any time before the final trial. 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 ofthe 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) of this Code section.'

SECTION 9. Said Code section is further amended by revising subsection (m) as follows:
(m) Worksheets. (I) 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 ofchild 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 orjudgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheet and schedule attached thereto.

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(2) The child support worksheet and schedules shall be promulgated by the Georgia Child Support Commission."

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

Approved May 6, 2008.

PENAL INSTITUTIONS- PAROLE OFFICERS; RETAIN BADGES.
No. 458 (Senate Bill No. 502).
AN ACT
To amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-9-9 ofthe Official Code of Georgia Annotated, relating to employees of the parole board, is amended by designating the existing provisions as subsection (a) and adding a new subsection to read as follows:
'(b) A certified parole officer leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board as a certified parole officer shall be entitled as part of such employee's compensation to retain his or her board issued badge. A certified parole officer employed with the board who is killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member. Where a certified parole officer leaves the service of the board due to a disability that arose in the line of duty and such disability prevents the parole officer from further serving as a peace officer, then such disabled parole officer shall be entitled to retain his or her board issued badge regardless of the officer's number of years of service with the board. The board is authorized to promulgate rules and regulations for the implementation of this subsection.'

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

Approved May 6, 2008.

MOTOR VEHICLES -DISABLED PERSON; LICENSE PLATE; BUSINESS VEHICLE.
No. 459 (Senate Bill No. 517).
AN ACT
To amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; 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 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, is amended by adding a new subsection to read as follows:
"(a.1) Any business registered in Georgia that is a sole proprietorship, a Subchapter'S' Corporation under Subchapter S of Chapter I of the Internal Revenue Code, or a single principal limited liability corporation or limited liability partnership which assigns or makes available a passenger motor vehicle for the use of an employee of such business, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting an affidavit of a practitioner of the healing arts stating that such employee is a person with disabilities, as defined in paragraph (5) of Code Section 40-6-221, whose disability or incapacity can be expected to last for more than 180 days and stating the specific disability that limits or impairs the ability to walk, shall be issued a specially designated disabled person's license plate from the commissioner. The affidavit shall also state that such business vehicle shall be used only or primarily by such disabled employee. If such disabled employee leaves the employment ofthe company, the company shall surrender the plate to the commissioner within 60 days. In the event that an employee or other person that is not a disabled person uses a business vehicle which has been issued a special plate pursuant to this subsection, he or she shall not avail himself or herself ofthe

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privileges afforded under this title to a disabled person with a special plate. Any person who is not a disabled person as prescribed by this Code section and who willfully and falsely avails himself or herself of the privileges afforded to such special plate under this title shall be guilty of a misdemeanor. Any business to which one or more special plates are issued pursuant to this subsection which is determined by the commissioner to have repeated violations of this subsection by an employee or employees or other person or persons that are not disabled person as prescribed by this Code section shall be subject to revocation of such special plate or plates.'

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

Approved May 6, 2008.

CONSERVATION- TIRE DISPOSAL FEES; CONTINUE.
No. 460 (Senate Bill No. 399).
AN ACT
To amend Code Section 12-8-40.1 ofthe Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, is amended by revising paragraph (3) of subsection (h) as follows:
'(3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2011. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the solid waste trust fund.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming Jaw without such approval.

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

Approved May 6, 2008.

EDUCATION- ADVANCE FUNDING; EXCEPTIONAL GROWTH; LOW-WEALTH; CAPITAL OUTLAY.
No. 461 (Senate Bill No. 523).
AN ACT
To amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal ofcertain provisions ofCode Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to low-wealth capital outlay grants, for one year to June 30, 2010; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by revising Section 21 as follows:
'Subsections (h) and (j) of Code Section 20-2-260, as set out in or amended by Section 13 of this Act, shall be repealed automatically in their entirety on June 30, 20 I0, and the text of such subsections shall on that date be replaced by 'Reserved.''
SECTION 2. Such Act is further amended by revising Section 23 as follows:
"SECTION 23. An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
'SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2010.''

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

Approved May 6, 2008.

INSURANCE- HEALTH SAVINGS ACCOUNT; HIGH DEDUCTIBLE PLANS; PROMOTE USE; ADDITIONAL PROGRAMS NOT UNFAIR TRADE PRACTICES.
No. 462 (Senate Bill No. 383).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain 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. This Act shall be known and may be cited as the "Insuring Georgia's Families Act."
SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows:

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'CHAPTER 51

33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.'

33-51-2. It is the intent of the General Assembly:
(1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments.

33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states.

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(e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner.

33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating.

33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not:
(I) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services.

33-51-6. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules ofthe federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title.

33-51-7. The provisions of Code Section 33-20A-9.1, relating to a consumer choice option, shall apply to insurance products offered under this chapter.

33-51-8. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health

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benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceutical services rendered.'

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 7, 2008.

INSURANCE- REVENUE- HIGH DEDUCTIBLE HEALTH PLANS; INSURANCE PREMIUM TAX EXEMPTION; INCOME TAX DEDUCTION.
No. 463 (House Bill No. 977).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative intent; to provide an exemption from insurance premium taxes for certain insurance products; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax

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credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new subsection (c) in Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, to read as follows:
'(c) Insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code.'

SECTION 2. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.2, relating to amount and method of computing local insurance premium taxes on insurance companies other than life insurance companies, to read as follows:
'(a.!) Insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code.'

SECTION 3. Said title is further amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows:

'CHAPTER 51

33-51-l. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.'

33-51-2. It is the intent of the General Assembly:
(I) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers

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licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments.

33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of msurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine ifand how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. (e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner.

33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect

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to references to the practices of illegal inducements, unfair discrimination, and rebating.

33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not:
( 1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services.

33-51-6. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services.'

SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, to read as follows:
'(13.1) An amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;'

SECTION 5. Said title is further amended by adding a new Code section to read as follows:
48-7-29.13. (a) As used in this Code section, the term:
(I) 'Qualified health insurance' means a high deductible health plan that includes, at a

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minimum, catastrophic health care coverage which is established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. (2) 'Qualified health insurance expense' means the expenditure of funds of at least $250.00 annually for health insurance premiums for qualified health insurance. (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides high deductible health plans that include, at a minimum, catastrophic health care coverage which are established and used with a health savings account under the applicable provisions of Section 223 ofthe Internal Revenue Code and in which such employees are enrolled. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 or 48-7-21, as applicable, for qualified health insurance expenses in an amount of$250.00 for each employee enrolled for twelve consecutive months in a qualified health insurance plan if such qualified health insurance is made available to all of the employees and compensated individuals of the employer pursuant to the applicable provisions of Section 125 of the Internal Revenue Code. (c) 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 be allowed the taxpayer against succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (e) The credit allowed by this Code section shall apply only with regard to qualified health insurance expenses:

SECTION 6. (a) Sections I, 4, and 5 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall expire on January I, 2015, unless the General Assembly acts to extend these provisions.

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

Approved May 7, 2008.

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REVENUE- FOREST LAND CONSERVATION USE PROPERTY.

No. 464 (House Bill No. 1211).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the special assessment of forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of county tax commissioners and the state revenue commissioner with respect to the foregoing; to provide for local government assistance grants; to provide for related matters; to provide for a contingent effective date and 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:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by adding new paragraphs to read as follows:
'(5) 'Forest land conservation value' of forest land conservation use property means the amount determined in accordance with the specifications and criteria provided for in Code Section 48-5-271 and Article VII, Section I, Paragraph III(f) of the Constitution. (6) 'Forest land fair market value' means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by theN ational Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
'48-5-7.7. (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008 .' (b) As used in this Code section, the term:

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(1) 'Forest land conservation use property' means forest land each tract ofwhich consists of more than 200 acres of tangible real property of an owner subject to the following qualifications:
(A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use the good faith subsistence or commercial production oftrees, timber, or other wood and wood fiber products from or on the land. Such property may, in addition, have one or more of the following secondary uses:
(i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (3) 'Qualified property' means forest land conservation use property as defined in this subsection. (4) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (I) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (I) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)( I)(2) of this Code section. The lease of hunting rights or the use of the property for hunting purposes shall not constitute

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another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date ofthe covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner ofthe property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additionall5 years. (e) Subject to the limitations of paragraph (I) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts ofland which are located in more than one county in which event the owner shall enter into a covenant with each county. (t) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7 .I or current use assessment under Code Section 48-7-7 .4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to forest land

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conservation use during the entire period of the covenant. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i) If ownership of all or a part of the forest land conservation use property is acquired during a covenant period by another owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event no breach ofthe covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. If a breach of the covenant occurs following such transfer by either such acquiring owner or the transferor, the penalty and interest shall apply to the entire tract which was the subject of the original covenant and shall be paid by either the acquiring owner or the transferor, whichever of whom breached the covenant. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres.
U)( 1) All applications for conservation use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such conservation use assessment is sought, except that in the case of property which is the subject ofa reassessment by the board oftax assessors an application for conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for conservation use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. The county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications shall be paid by the qualified owner of the eligible property with the application for conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board oftax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.

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(2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (I) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board oftax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) The penalty shall be applicable to the entire tract which is the subject of the covenant and:
(A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under

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subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(I) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an individual qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (I) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified ownernotifies the board oftax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period;
(4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular

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telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation 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: (I) 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 (m) 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 qualified 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 a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the 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 a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land 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 the 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. (s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code

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section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department ofNatural Resources, and the University ofGeorgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement ofthis 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 forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors

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to deem a change in use as a breach of a covenant.'

SECTION 3. Said title is further amended by adding a new Code section to read as follows:
'48-5-271. (a) The commissioner shall promulgate and county tax officials shall follow uniform rules and regulations establishing a table of values for the conservation use value of forest land conservation use property. Such values shall be the same as provided for forest land values under Code Section 48-5-269. (b) In no event may the forest land conservation use value of any forest land conservation use property in the table of values established by the commissioner under this Code section for the taxable year beginning January 1, 2010, or any subsequent taxable year increase or decrease by more than 3 percent from its forest land conservation use value as set forth in the table of values established by the commissioner under this Code section. The limitations imposed by this subsection shall apply to the total value of all the forest land conservation use property that is the subject of an individual covenant."

SECTION 4. Said title is further amended by adding a new chapter to read as follows:

"CHAPTER 5A

48-5A-l. As used in this chapter, the term:
(1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax.
(2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to forest land conservation use properties in the county, including any millage levied for those special districts reported on the 2004 ad valorem tax digest certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage

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levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (4) 'Forest land conservation use property' means a forest land conservation use property qualified for special assessment and taxation under Code Section 48-5-7.7 and Article VII, Section I, Paragraph III(f) of the Constitution. (5) 'Forest land conservation use value' means the same as such term is defined in paragraph (5) of Code Section 48-5-2 and shall not include the value of standing timber on such property. (6) 'Forest land fair market value' means the same as such term is defined in paragraph (6) of Code Section 48-5-2. (7) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to forest land conservation use properties in the municipality, including any millage levied for those special tax districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (8) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to forest land conservation use properties in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (9) 'State millage rate' means the state millage levy.

48-5A-2. In each year the General Assembly shall appropriate to the Department of Revenue funds for forest land conservation use assistance grants to counties, municipalities, and county or independent school districts pursuant to Article VII, Section I, Paragraph III(f) of the Constitution. The General Appropriations Act shall specify the amount appropriated subject to the limitations of this chapter.

48-5A-3. (a) Pursuant to the appropriation of funds as provided in Code Section 48-5A-2, such grants shall be allotted to each county, municipality, and county or independent school district in the state as provided in this Code section. (b) The revenue reduction to each county, municipality, and county or independent school district shall be calculated by subtracting the aggregate forest land conservation use value of qualified properties from the aggregate forest land fair market value of qualified

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properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district.
(c)(l)(A) Immediately following the actual preparation of ad valorem property tax bills, each county fiscal authority shall notify the Department of Revenue ofthe amount of the reduction pursuant to the implementation of Article VII, Section I, Paragraph Ill( f). (B) If the forest land conservation use property is located in a county where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grants to the county shall be as follows:
(i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to I00 percent of the amount of such remaining reduction amount. (2)(A) Immediately following the actual preparation of ad valorem property tax bills, each county or independent school district's fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph Ill(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to I00 percent of the amount of such remaining reduction amount. (3)(A) Immediately following the actual preparation of ad valorem property tax bills, each municipality's fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant Article VII, Section I, Paragraph III(f).

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(B) If the forest land conservation use property is located in a municipality where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a municipality where forest land conservation use value causes an ad valorem tax revenue reduction ofmore than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be as follows:
(i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount.

48-SA-4. The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments procedures!

SECTION 5. This Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January I, 2009; provided, however, that this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide for the special assessment and taxation of forest land conservation use property and for local government assistance grants. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009.

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

Approved May 8, 2008.

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AGRICULTURE- GEORGIA SEED DEVELOPMENT COMMISSION.

No. 465 (Senate Bill No. 515).

AN ACT

To amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, is amended by revising Code Section 2-4-3, relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds, as follows:
'2-4-3. (a) The commission shall be composed of the following II members:
(I) Two members to be appointed by the Governor, each of whom shall be a farmer who grows crops or turf; (2) One member who shall be a farmer who grows crops or turf, to be appointed by the Lieutenant Governor; (3) One member who shall be a farmer who grows crops or turf, to be appointed by the Speaker of the House of Representatives; (4) The Commissioner of Agriculture; (5) Two representatives of the seed or turf industries or farm related organizations, one of whom shall be appointed by the Senate Agriculture and Consumer Affairs Committee, and one of whom shall be appointed by the House Committee on Agriculture and Consumer Affairs. Each committee shall make its appointment with a quorum present and a majority of those present concurring; (6) One member who shall be a farmer who grows crops or turf, to be appointed by the Commissioner of Agriculture; (7) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia; (8) A seed breeder employed by the College ofAgricultural and Environmental Sciences of the University of Georgia, to be appointed by the dean of the College of Agricultural

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and Environmental Sciences of the University of Georgia; and (9) The associate dean for research of the College of Agricultural and Environmental Sciences of the University of Georgia. (b) The members of the commission shall enter upon their duties without further act or formality. The commission shall organize each even-numbered year at the meeting next following July I of such year, at which time the commission shall elect one of its members as chairperson and another as vice chairperson. It shall also elect a secretary and a treasurer, who need not be members. The offices of secretary and treasurer may be combined in one person. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. (c) Six members ofthe commission shall constitute a quorum necessary for the transaction ofbusiness, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this chapter. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (d) The members shall not receive compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (e) Members of the commission shall be accountable as trustees. They shall cause adequate books and records of all transactions of the commission, including records of income and disbursements of every nature, to be kept. The books and records shall be inspected and audited by the state auditor at least once in each year. The commission may require that an employee, an officer, member of the commission, or any person doing business with the commission post a bond, in an amount to be determined by the commission, for the faithful performance of the duties imposed upon such employee, officer, member of the commission, or person doing business with the commission. The principal of such bond of an officer, employee, or member of the commission shall be paid by the commission:

SECTION 2. Said chapter is further amended by revising Code Section 2-4-7, relating to the creation of an advisory board and its members and functions, as follows:
'2-4-7. The commission may appoint an advisory board, consisting of such number and qualifications of members as the commission may determine, to advise and consult with the commission in the performance of the commission's duties. The function of such a board shall be advisory only:

SECTION 3. Said chapter is further amended by revising Code Section 2-4-8, relating to terms of office, as follows:

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'2-4-8. The appointive members of the commission shall serve for terms of two years each commencing on July 1 of each even-numbered year; and the appointive members of the advisory board, if any, shall serve at the pleasure of the commission."

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

Approved May 12, 2008.

AGRICULTURE-AGRICULTURAL COMMODITY COMMISSION FOR BLUEBERRIES.
No. 466 (House Bill No. 649).
AN ACT
To amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to change certain provisions relating to established agricultural commodity commissions and ratification, contributions, and balloting relating thereto; to provide for an Agricultural Commodity Commission for Blueberries; to change certain provisions relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to provide for appointment of commodity commission members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, is amended by revising Code Section 2-8-13, relating to established agricultural commodity commissions and ratification, contributions, and balloting relating thereto, as follows:
'2-8-13. (a)(!) Each ofthe following commissions heretofore established pursuant to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301 ), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public

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corporation and instrumentality of the State of Georgia from and since such date: (A) The Agricultural Commodity Commission for Milk established July 1, 1961; (B) The Agricultural Commodity Commission for Eggs established July 1, 1961; (C) The Agricultural Commodity Commission for Peanuts established August I, 1961; (D) The Agricultural Commodity Commission for Sweet Potatoes established August I, 1961; (E) The Agricultural Commodity Commission for Peaches established May I, 1962; (F) The Agricultural Commodity Commission for Tobacco established July 1, 1962; (G) The Agricultural Commodity Commission for Apples established August I, 1962; and (H) The Agricultural Commodity Commission for Cotton established August 1, 1965.
(2) Each of the following entities that were formed de facto to act as commodity commissions upon presentation by the producers of the affected agricultural commodity of a list of nominees for appointment and on which ex officio members elected by the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee served is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date:
(A) The Agricultural Commodity Commission for Soybeans established September I, 1971; (B) The Agricultural Commodity Commission for Canola established June 24, 1994; (C) The Agricultural Commodity Commission for Pecans established June 24, 1994; (D) The Agricultural Commodity Commission for Corn established March 24, 1995; and (E) The Agricultural Commodity Commission for Vegetables established June 19, 2006. (3) There shall be an Agricultural Commodity Commission for Blueberries established on the effective date of this paragraph. (b)(1) All actions taken by each of the commissions enumerated in paragraph (1) of subsection (a) of this Code section prior to July 1, 1969, pursuant to terms ofGa. L. 1961, p. 301, as amended, are ratified; and all funds received by each of the commissions after the effective date shown opposite its name and prior to July 1, 1969, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July I, 1969, shall be valid and binding ifauthorized by Ga. L. 1961, p. 301, as amended. (2) All actions taken by each of the commissions enumerated in paragraph (2) of subsection (a) of this Code section prior to May 11, 2007, pursuant to terms of

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Ga. L. 1969, p. 763, as amended, or this article are ratified; and all funds received by each of the commissions on or after the effective date shown opposite its name and prior to May 11, 2007, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after May 11, 2007, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to May 11, 2007, shall be valid and binding if authorized by Ga. L. 1969, p. 763, as amended, or this article. (c)(l) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (1) of subsection (a) of this Code section shall continue to exist and operate under this article. (2) Prior to April 30, 2009, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (2) of subsection (a) of this Code section shall continue to exist and operate under this article. (3) Prior to April30, 2010, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (3) of subsection (a) of this Code section shall continue to exist and operate under this article.'

SECTION 2. Said article is further amended by revising subsection (b) of Code Section 2-8-14, relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification ofmembership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination, as follows:
'(b) Members elected by the agriculture committees of the General Assembly shall be elected during each regular session ofthe General Assembly convening in even-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 ofthe Senate and House committees shall by agreement determine which committee shall choose the member from the northern part and which committee shall choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors.'

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

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

Approved May 12, 2008.

STATE GOVERNMENT-HIGHWAYS, BRIDGES, AND FERRIES -AGRICULTURAL TOURIST ATTRACTIONS.
No. 467 (House Bill No. 1088).
AN ACT
To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of"agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Agriculture in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; to amend Part 2 ofArticle 3 ofChapter6 of Title 32 ofthe Official Code of Georgia Annotated, relating to the state highway system, so as to provide for directional signs for agricultural tourist attractions; 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 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new article to read as follows:
ARTICLE 6
50-7-70. (a) The General Assembly finds that:
(I) Agricultural tourist attractions provide unique opportunities for tourists to enjoy Georgia's resources; and

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(2) Agricultural tourist attractions provide an impact on Georgia's economy and a substantial benefit to Georgia. (b) As used in this Code section, the term: (1) 'Agricultural tourist attraction' means any agricultural based business providing onsite attractions to tourists that meet the criteria set out by the Department of Agriculture. (2) 'Department' means the Department of Agriculture. (3) 'Directional signs' shall have the meaning provided in paragraph (4) of Code Section 32-6-71. (c) The Department of Agriculture shall: (1) Develop criteria and an application process to determine what constitutes an agricultural tourist attraction; and (2) Maintain a registry of approved agricultural tourist attractions. (d) Entities wishing to be recognized by the department as an agricultural tourist attraction shall submit an application to the department with a one time application fee of up to $250 dollars. (e) Upon approval by the department as an agricultural tourist attraction and at the request of the applicant, the department shall, in conjunction with the Department of Transportation, take the appropriate steps to place directional signs along roads in the direct proximity of the agricultural tourist attraction to direct passing traffic to the agricultural tourist attraction. (f) The department and the Department ofTransportation shall create rules and regulations for the purpose of implementing this Code section.'

SECTION 2. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by inserting "or" at the end of paragraph (10) and by revising paragraph (11) of Code Section 32-6-76, relating to restrictions on directional signs generally, as follows:
"(11) Advertises privately owned activities or attractions other than natural phenomena, scenic attractions, historic, educational, cultural, scientific, and religious sites, agricultural tourist attractions designated by the Department of Agriculture, and outdoor recreational areas and which are nationally or regionally known and are of outstanding interest to the traveling public, as determined by the State Transportation Board.'

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

Approved May 12, 2008.

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REVENUE- SALES TAX EXEMPTION; FUEL; SWINE RAISING.

No. 468 (House Bill No. 1178).

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 revising paragraph (49.1) as follows:
'(49.l)(A) From July 1, 2008, until June 30, 2010, 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 ofthis 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;"

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 12, 2008.

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REVENUE- INCOME TAX CREDIT; FILM, VIDEO, OR DIGITAL PRODUCTIONS.

No. 469 (House Bill No. 1100).

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 revise and change the income tax credit with respect to qualified film, video, or digital productions; 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 revising Code Section 48-7-40.26, relating to the income tax credit for qualified film, video, or digital production, as follows:
'48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term:
(I) 'Affiliates' means those entities that are included in the production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company primarily engaged in qualified production activities which have been approved by the Department ofEconomic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state.

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(5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia based travel agency or travel company; insurance costs and bonding, if purchased through a Georgia based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for marketing and distribution. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a:
(A) Qualified movie production which includes an approximately five-second long animated logo that promotes Georgia within its presentation and all promotional trailers worldwide for the life of the project; (B) Qualified TV production which includes an imbedded five-second long Georgia promotion during each broadcast half hour worldwide for the life of the project; (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and imbedded in online promotions. (7) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, such as feature films, series, pilots, movies for television, commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element ofthe digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, licensing for exhibition by individual television stations, groups of stations, networks, cable television stations, public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition. Such term shall not include the production of television coverage of news and athletic events. (8) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (9) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in

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accordance with regulations promulgated pursuant to this Code section. (10) 'Total aggregate payroll' means the total sum expended by a production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph:
(A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows: (I) The production company shall be allowed a tax credit equal to 20 percent of the base investment in this state and (2) The production company shall be allowed an additional tax credit equal to I0 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. (d) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002,2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company and its affiliates shall be allowed a tax credit of 20 percent of such excess base investment; and (2) The production company and its affiliates shall be allowed an additional tax credit equal to 10 percent of the excess base investment if the qualified production activities include a qualified Georgia promotion. (e)(!) Where the amount of such credit or credits exceeds the production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her

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income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company. (2) If a production company, or a production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.1 7, or 48-7-40.18, then the production company, or the production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company, or the production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18. (f) Any tax credits with respect to a state certified production earned by a production company and previously claimed but not used by such production company against its income tax may be transferred or sold in whole or in part by such production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company shall submit to the Department ofEconomic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company is in full compliance; (4) The transfer or sale ofthis tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company at the time of the transfer, except for the use of the credit in paragraph (I) of subsection (e) of this Code section. To the extent that such production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred.

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(g) The credit granted under this Code section shall be subject to the following conditions and limitations:
(1) The credit may be taken beginning with the taxable year in which the production company has met the investment requirement. For each year in which such production company either claims or transfers the credit, the production company shall attach a schedule to the production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company against Georgia income tax liabilities or the production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company claims the credit granted in this Code section, the production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company against prior years' tax liability. (h) The Department of Economic Development shall determine through the promulgation ofrules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. U) Any production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 2008.

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

Approved May 12, 2008.

CONSERVATION- WATER USE RESTRICTIONS; CAR WASHES; SWIMMING POOLS.
No. 470 (Senate Bill No. 466).
AN ACT
To amend Chapter 5 of Title 12 ofthe Official Code of Georgia Annotated, relating to water resources, so as to exempt permanent facility car washes and swimming pools from outdoor water use restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended in subsection (I) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding new paragraphs to read as follows:
(4.1) The use of surface water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility:
(A) Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and (B) Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board ofNatural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this

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subparagraph shall apply on and after the effective date of such board rules and regulations; (4.2) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare; and'

SECTION 2. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding new subsections to read as follows:
'(e) The use of ground water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility:
( 1) Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and (2) Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board of Natural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this paragraph shall apply on and after the effective date of such board rules and regulations. (f) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare.'

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 12, 2008.

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OFFICIAL CODE OF GEORGIA ANNOTATEDCODE REVISION; CORRECTIONS.

No. 471 (Senate Bill No. 455).

AN ACT

To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions ofthe Code and Acts related thereto which have become obsolete; to delete portions of the 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 an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

Reserved.

SECTION 2.

Reserved.

SECTION 3.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

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Reserved.

SECTION 7.

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in: (I) Code Section 8-2-113, relating to promulgation of rules and regulations by the commissioner ofcommunity affairs, delegation ofinspection authority, rules and regulations continued in full force and effect, advisory committee, powers ofcommissioner, and training programs by replacing "occuring" with "occurring" in the introductory language of subsection (d).

Reserved.

SECTION 9.

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in: (1) Code Section 10-14-3, relating to definitions in regard to cemetery and funeral services, by inserting a double quotation mark after "merchandise," in paragraph (3).

Reserved.

SECTION 11.

Reserved.

SECTION 12.

Reserved.

SECTION 13.

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (I) Code Section 15-2-10, which is repealed, by designating said Code section as reserved. (2) Code Section 15-2-11, which is repealed, by designating said Code section as reserved. (3) Code Section 15-2-12, which is repealed, by designating said Code section as reserved. (4) Code Section 15-2-13, which is repealed, by designating said Code section as reserved. (5) Code Section 15-2-14, which is repealed, by designating said Code section as reserved. (6) Code Section 15-2-15, which is repealed, by designating said Code section as reserved.

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(7) Code Section 15-6-3, relating to terms of court, by replacing: "(B) Polk County- Third Monday in March and July.
Provided, however, that" with:
"(B) Polk County- Third Monday in March and July; provided, however, that" in subparagraph (B) of paragraph (38). (8) Code Section 15-6-11, which is repealed, by designating said Code section as reserved. (9) Code Section 15-6-61, relating to the duties of clerks of superior courts generally, use of computerized record-keeping system, and printed copies of the grantor and grantee indices, by striking the comma following "public" in subsection (b). (1 0) Code Section 15-6-75, which is repealed, by designating said Code section as reserved. (11) Code Section 15-6-76, which is repealed, by designating said Code section as reserved. (12) Code Section 15-10-2, relating to magistrate jurisdiction, by replacing "or" with "and" at the end of paragraph (13 ). (13) Code Section 15-11-9.1, relating to definitions and the role and responsibilities of a court appointed special advocate (CASA), by replacing "Request judicial citizen review panel" with "Request a judicial citizen review panel" in paragraph (5) of subsection (d). (14) Code Section 15-11-21, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, by replacing "to serve as associate juvenile court judge" with "to serve as an associate juvenile court judge" in subsection (a). (15) Code Section 15-11-111, relating to definitions regarding parental notification, by replacing "United States Immigration and Naturalization Service" with "United States Immigration and Customs Enforcement Division of the Department of Homeland Security" in paragraph (2). (16) Code Section 15-11-205, relating to hearing, burden of proof, retention by court of order, fraud in securing emancipation, and appeals, by replacing "The hearing" with "The hearing on the petition for emancipation" in the introductory language and by replacing '"other means of support' does not" with "the term 'other means of support' does not" in paragraph (3) of subsection (a). (17) Code Section 15-11-208, relating to duty to provide support until emancipation, no "deprived child" status, and marriage, by replacing "child" with "minor" the first time it appears in subsection (b). (18) Code Section 15-18-44, relating to powers and duties, employees' bonds, audits, and certain retired personnel not to be compensated regarding the Prosecuting Attorneys' Council, by replacing "Superior Court Clerks' Retirement Fund of sGeorgia" with "Superior Court Clerks' Retirement Fund of Georgia" in subsection (d). (19) Code Section 15-19-57, relating to investigation of unauthorized practice of law, by replacing the period with a semicolon at the end of paragraph (2). (20) Code Section 15-19-58, relating to injunctive relief, venue, procedure, and other

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remedies not curtailed in action against unauthorized practice oflaw, by replacing the period with a semicolon at the end of paragraph (2).

Reserved.

SECTION 16.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-4-47, relating to issuance of warrants by video conference, testimony, initial bond hearings, and oaths, by replacing "issued provided that" with "issued, provided that" in subsection (d). (2) Code Section 17-10-1.3, relating to factoring into sentencing determinations citizenship status of convict, by replacing "Be authorized to consider the likelihood" with "Consider the likelihood" in paragraph (2) and by replacing "Where appropriate, be authorized to decline" with "Where appropriate, decline" in paragraph (3) of subsection (c).

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: ( 1) Code Section 19-8-7, relating to surrender or termination of parental or guardian's rights where a child is adopted by a relative, by replacing "re-birth" with "pre-birth" in subparagraph (e)(3)(F). (2) Code Section 19-8-26, relating to how surrender of parental rights executed, how and when surrender may be withdrawn and forms, by inserting a quotation mark at the beginning of the form and by inserting a period and a quotation mark at the end of the form in subsection (f) and by inserting a period at the end of the blank line in the form in the second (D) designation in paragraph (2) of subsection (h). (3) Code Section 19-9-5, relating to custody agreements, ratification, and supplementation, by replacing the single quotation marks with double quotation marks at the beginning and end of "custody" both times it appears in subsection (a).

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (!) Code Section 20-2-286, relating to the Georgia Closing the Achievement Gap Commission and its creation, membership, vacancies, purpose, authority, compensation, and termination, by repealing said obsolete Code section. (2) Code Section 20-2-2068, relating to termination of a charter, by replacing the semicolon

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with a period at the end of subparagraph (a)(l )(B), by replacing the period with a semicolon at the end of the undesignated text at the end of paragraph (I) of subsection (a), by replacing the semicolon with a comma at the end of paragraph (2) of subsection (b), and by replacing '"Good cause"' with "The term 'good cause'" in the undesignated text at the end of paragraph (2) of subsection (b). (3) Code Section 20-2-211 7, relating to adoption and promulgation of rules, immunity from liability for scholarship decisions, and schools may be barred from program participation for certain actions, by replacing "notlimited" with "not limited" in subsection (a).

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

Reserved.

SECTION 25.

Reserved.

SECTION 26.

Reserved.

SECTION 27.

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in: (I) Code Section 28-5-5, which is repealed, by designating said Code section as reserved.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

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SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-5A-7, relating to information and comparisons regarding cost and quality ofhealth care state wide, by replacing "medical conditions, surgeries and procedures" with "medical conditions, surgeries, and procedures", by replacing "surgery centers, nursing homes and rehabilitation centers" with "surgery centers, nursing homes, and rehabilitation centers" twice, by replacing "Department shall" with "department shall", by replacing "providing consumers on the cost" with "providing consumers information on the cost", and by replacing "healthcare" with "health care".

SECTION 32. Title 32 ofthe Official Code ofGeorgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) Code Section 32-6-87.1, relating to "RV friendly" markers, by replacing "the 'Georgia Administrative Procedures Act,'" with "the 'Georgia Administrative Procedure Act,"' in subsection (b).

Reserved.

SECTION 33.

SECTION 34. Title 34 ofthe Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in: (1) Code Section 34-8-153, relating to employment security and liability of succeeding employer, computation of rate of contributions, transfers between employers with substantially common ownership, management, or control, transfers made for the purpose of obtaining a lower rate of contribution, and penalties for violations, by replacing "For the purposes of this Code section" with "For the purposes of this subsection" at the beginning of paragraphs (2), (3), and (4); by redesignating paragraph (5) as new subsection (i) and redesignating subparagraphs (A) and (B) thereof as paragraphs (1) and (2) thereof; and by renumbering paragraphs (6) and (7) as paragraphs (5) and (6), respectively, in subsection (h). (2) Code Section 34-8-156, relating to the State-wide Reserve Ratio and reduction in tax rate, by replacing "for the period of January 1 through December 31, 2007, January 1through December 31, 2008, and January 1 through December 31, 2009," with "for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, and January 1through December 31, 2009," in the undesignated textatthe end ofsubparagraph (d)(4)(B). (3) Code Section 34-8-15 7, relating to regular benefits paid to be charged against experience rating account, by replacing the designation "(b)(2)(A)" with the designation "(2)(A)" in subparagraph (b)(2)(A). (4) Code Section 34-8-193, relating to the determination of the amount of weekly unemployment benefits, by striking "and" at the end of paragraph (12) of subsection (c).

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(5) Code Section 34-15-20, relating to the delivery of deaf-blind services and techniques leading to maximum independence and integration, by replacing "workforce;" with "work force;" in subsection (a).

Reserved.

SECTION 35.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-76-7, relating to subscriber customer service requirements by cable service providers or video service providers holding a state franchise, by replacing "the Governor's Office of Consumer Affairs shall conduct a rulemaking to establish" with "the Governor's Office of Consumer Affairs shall establish" in paragraph (I) of subsection (c). (2) Code Section 36-89-5, relating to administration, rules and regulations, and excess funds with regard to homeowner tax reliefgrants, by replacing "Code Section 38-89-4," with "Code Section 36-89-4," in subsection (b).

Reserved.

SECTION 37.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in: (1) Code Section 40-2-151, relating to annual license fees for operation of vehicles and fee for permanent licensing of certain trailers, is amended by replacing "14,000" with "14,00 1" in subdivisions (a)(3)(A)(ii) and (a)(10)(A)(ii). (2) Code Section 40-5-142, relating to definitions in regard to commercial drivers' licenses, by replacing "commercial vehicle." with "commercial motor vehicle." in the undesignated text at the end of paragraph (7). (3) Code Section 40-5-151, relating to disqualification from driving and action required after suspending, revoking, or canceling a commercial driver's license or nonresident commercial driver's privileges, by replacing "Section 105 of the Hazardous Materials Transportation Act," with "Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804," both times it appears in paragraph (3) of subsection (g).

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Reserved.

SECTION 41.

Reserved.

SECTION 42.

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-1-28, relating to volunteers in health care specialties, by striking "Notwithstanding any other provision of Jaw, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who:" the second time it appears in the introductory language of subsection (c). (2) Code Section 43-9-16, relating to chiropractors' scope of practice and injury from want of reasonable degree of care is a tort, by replacing "provided, however, the same" with "provided, however, that the same" in subsection (b). (3) Code Section 43-33-18, relating to physical therapists and refusal to grant or restore licenses, discipline of licensees, suspension, revocation, or restriction of licenses, and immunity for violation reporters, by replacing "holds a master or doctorate degree" with "holds a master's or doctorate degree" in subdivision (a)(J )(A)(ii)(II). (4) Code Section 43-34-3, relating to continuing education requirement for health care professionals, is amended by replacing "provided, however, the board" with "provided, however, that the board" in paragraph (2) of subsection (b). (5) Code Section 43-34-26.3, relating to physicians and delegation of certain medical acts to advanced practice registered nurses, construction and limitations of such delegation, definitions, conditions of nurse protocol, and issuance of prescription drug orders, by replacing "medical treatments, diagnostic studies or in life-threatening situations" with "medical treatments, diagnostic studies, or, in life-threatening situations," in subsection (b). (6) Code Section 43-34-37, relating to authority to refuse license or to discipline physician, restoration of licenses, enforcement investigations, evidentiary privileges, closed hearings, immunity for reporting violations, and when investigation or assessment oflicensee 's fitness to practice required, by replacing "one day" with "one-day" in subsection U). (7) Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension regarding operators of private detective businesses and private security businesses, by inserting "and" at the end of subparagraph (c)(l)(E). (8) Code Section 43-39A-14, relating to real estate appraisers and required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification,

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noncompliance with child support orders, and borrowers in default, by replacing "and provided that" with "provided, further, that" in paragraph ( 1.1) of subsection (b) and subparagraph (b)(1.2)(A) and by replacing "safeguard the interests of the public." with "safeguard the interest of the public." in subparagraph (b)(2)(C). (9) Code Section 43-40-8, relating to real estate brokers and salespersons and qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses, by replacing "referenced in subsection (d) above" with "referenced in subsection (d) of this Code section" in subsection (e). (10) Code Section 43-40-15, relating to real estate brokers and salespersons and grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default, by replacing "and provided that if such individual" with "provided, further, that if such individual" in paragraph ( 1.1) of subsection (b) and in subparagraph (b)(1.2)(A). (11) Code Section 43-41-2, relating to definitions regarding residential and general contractors, by deleting the single quote between the double quote and the word "Board" in paragraph (1). (12) Code Section 43-41-8, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant regarding residential and general contractors, by replacing "state of Georgia" with "State of Georgia" in paragraph (2) of subsection (a). (13) Code Section 43-41-17, relating to residential and general contractors and effective date oflicensing and sanctioning provisions, unenforceable contracts, compliance with county or municipal requirements, exemption for DOT contractors, and other exceptions by replacing "pursuant to Chapter 4 of this title or an interior designer registered pursuant to Chapter 4 of this title or an engineer registered pursuant to Chapter 15 of this title" with "pursuant to Chapter 4 of this title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer registered pursuant to Chapter 15 of this title" in subsections (i) and (j).

Reserved.

SECTION 44.

SECTION 45. Title 45 ofthe Official Code ofGeorgia Annotated, relating to public officers and employees, is amended in: (I) Code Section 45-12-171, relating to the Office of Planning and Budget being the principal state agency for coordinating development, demographic data, statistical coordination, and federal programs and applications for and receipt of financial assistance, by replacing "Code Sections 45-12-172, 45-12-177, and 45-12-178." with "Code Sections 45-12-172 and 45-12-177." in subsection (b). (2) Code Section 45-17-13, relating to notaries public and change of residence, address, or name, by deleting the comma following "Georgia Superior Court Clerks' Cooperative Authority" in subsection (a).

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(3) Code Section 45-18-104, relating to the Georgia Retiree Health Benefit Fund and control over the fund, obligations and expenditures, investment and management of assets, and conflicts of interest of board members, by inserting a period after the Code section number.

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-5-132, relating to fees by service suppliers of an emergency telephone number 9-1-1 system, by inserting a period after the Code section number. (2) Code Section 46-5-138.2, relating to an emergency telephone number 9-1-1 system and the definition of a director and training and instruction, by replacing "As used in this Code Section," with "As used in this Code section," in subsection (a).

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-1-2, relating to definitions regarding general provisions of revenue and taxation, by replacing "1986 , as amended,." with "1986, as amended." in paragraph ( 14). (2) Code Section 48-7-27, relating to computation of taxable net income, by repealing previously reserved subsection (e).

Reserved.

SECTION 49.

Reserved.

SECTION 50.

Reserved.

SECTION 51.

Reserved.

SECTION 52.

SECTION 53. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended in: (1) Code Section 53-2-1, relating to the Revised Probate Code of 1998 and the rules of

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inheritance when decedent dies without will and effect of abandonment of child, by redesignating subparagraph (a)(l)(A) as paragraph (I) of subsection (a), by redesignating subparagraph (a)(! )(B) as paragraph (2) of subsection (a), and by redesignating paragraph (2) as paragraph (3) in subsection (a).

SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2007 supplements to the Official Code of Georgia Annotated published under authority of the state in 2007 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations ofstate agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 2008 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

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

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

Approved May 12,2008.

EDUCATION- TECHNICAL COLLEGE SYSTEM OF GEORGIA.
No. 472 (Senate Bill No. 435).
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 the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; 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 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by revising Code Section 20-4-14, relating to the Department of Technical and Adult Education, as follows:
'20-4-14. (a) There is established the Technical College System of Georgia, formerly known as the Department of Technical and Adult Education. (b) The department shall exercise state level leadership, management, and operational control over schools, programs, and services authorized in this article and Article 3 of this chapter. (c) The Technical College System of Georgia shall be empowered to:
(1) Approve occupational programs below the baccalaureate level; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia; (2) Receive and hold title to property, equipment, money, and materials; (3) Operate instructional services projects, also known as student live work projects, in those occupational areas which require specific skills or competency mastery that can best be obtained or demonstrated in a laboratory environment with clients, real items, or projects, including, but not limited to, carpentry, child care, aviation, welding, and

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automotive repair, and, in connection with such projects: (A) Receive, retain, and utilize donations, fees, and moneys generated as a result of the sale of such services or projects; (B) Retain any unexpended student live work funds from year to year; (C) Expend retained student live work funds for any student live work project or for the benefit of instructional programs at the technical institute; and (D) Acquire, improve, and sell real or personal property in connection with student live work projects, provided that all acquisitions and sales of real property in connection with student live work projects shall be approved by the state board;
(4) Solicit and receive funds from the general public, corporate underwriters, and foundations; (5) Contract with other state, federal, or local public or private schools and other entities. individuals, or other legal entities for the provision of programmatic or administrative services or activities the department deems necessary; and (6) Administer and supervise programs in accordance with standards, rules, regulations, and policies of the State Board of Technical and Adult Education.'

SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by replacing "Department of Technical and Adult Education" with "Technical College System of Georgia" wherever the former occurs in: (I) Code Section 20-2-161.2, relating to the Youth Apprenticeship Program; (2) Code Section 20-2-270, relating to establishment of state-wide network of regional educational service agencies; (3) Code Section 20-2-320, relating to the Education Information Steering Committee, identification of data to implement Quality Basic Education Program, and state-wide comprehensive educational information network; (4) Code Section 20-3-39, relating to the reassignment of responsibilities for operation and management of public libraries; (5) Code Section 20-3-85, relating to study examining postsecondary text availability in alternative formats; (6) Code Section 20-3-485, relating to definitions regarding the Georgia HERO Scholarship; (7) Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants; (8) Code Section 20-3-5 I 9.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution and scholarship amount; (9) Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution and scholarship amount; (10) Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch ofthe Georgia Department ofTechnical and Adult Education and limitation on hours of eligibility; (11) Code Section 20-3-519.6, relating to HOPE GED vouchers;

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(12) Code Section 20-3-561, relating to management ofthe Georgia Military College vested in the board of trustees; (13) Code Section 20-4-11, relating to powers of the State Board of Technical and Adult Education; (14) Code Section 20-4-16, relating to funding of such board; (15) Code Section 20-4-17, relating to agencies receiving federal funds and transfers of personnel; (16) Code Section 20-4-18, relating to the management and control of adult literacy and postsecondary technical education and schools; (17) Code Section 20-4-21, relating to tuition fees; (18) Code Section 20-4-22, relating to management and control of quick start program; (19) Code Section 20-4-25, relating to membership in the retirement system by certain professional personnel; (20) Code Section 20-4-26, relating to membership in the retirement system of employees of schools formerly operated by local boards of education or area postsecondary education boards; (21) Code Section 20-4-31, relating to initial sick and annual leave; (22) Code Section 20-4-34, relating to rights and benefits of former employees of State Board of Postsecondary Vocational Education; (23) Code Section 20-4-36, relating to obtaining alternative formats for textbooks used by students with disabilities; (24) Code Section 20-4-42, relating to the administration of the industry services training program; (25) Code Section 20-4-45, relating to equipment procurement and use; (26) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (27) Code Section 20-14-27, relating to reports required of the Office of Student Achievement; (28) Code Section 20-14-50, relating to creation of the postsecondary accountability assessment program, adoption of performance measures, report cards, and audit; and (29) Code Section 20-16-3, relating to the creation of the Georgia Higher Education Facilities Authority, appointment of members, terms of office, and officers.

SECTION 3. Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, is amended by revising subsection (a) of Code Section 3-8-6, relating to technical institutes, service of alcoholic beverages, and regulation and tax, as follows:
'(a) As used in this Code section, the term 'technical institute' means any facility which is operated by a unit of the Technical College System of Georgia and which has a business conference center capable of accommodating 200 people or more incident to its operation.'

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SECTION 4. Chapter 11 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Youth Conservation Corps, is amended by revising Code Section 12-11-10, relating to coordinated job training and placement services, as follows:
'12-11-10. Whenever available and appropriate, job training and placement services and education opportunities provided through other federal, state, and local programs such as through the Department of Education, the Department of Labor, the Technical College System of Georgia, and the Board of Regents of the University System of Georgia shall be coordinated with projects and programs developed under this chapter to assist eligible corps members. Coordinated services may include, but are not limited to, remedial and postsecondary education, job placement assistance, adult literacy training, job search skills, and job application skills. Whenever possible, eligible corps members without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma.'

SECTION 5. Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, is amended by revising Code Section 35-5-6, relating to the effect ofchapter on powers of Board of Corrections, State Board ofPardons and Paroles, and Department of Technical and Adult Education, 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 Technical College System of Georgia 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 6. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, is amended by revising paragraph (4) of subsection (a.1) as follows:
'(4) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma.'

SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by replacing "Department of Technical and Adult Education" with "Technical College System of Georgia" wherever the former occurs in:

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(1) Code Section 43-7-3, relating to definitions regarding barbers; (2) Code Section 43-7-11, relating to requirements for license to practice barbering; (3) Code Section 43-7-13, relating to requirements for license to teach barbering; (4) Code Section 43-10-1, relating to definitions regarding cosmetologists; (5) 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 of licensed barber; (6) Code Section 43-10-10, relating to display of certificate of registration, renewal, reinstatement, continuing education requirements, and exemptions; (7) Code Section 43-10-20, relating to teaching of cosmetology in prisons and certification of registration; (8) Code Section 43-1 OA-7, relating to licensing requirement and exceptions for professional counselors, social workers, and marriage and family therapists; (9) Code Section 43-26-34, relating to the creation of the Georgia Board of Examiners of Licensed_Practical Nurses, appointment of members, terms, filling of vacancies, meetings, and reimbursement of expenses; and (10) Code Section 43-26-55, relating to certification standards and requirements and issuance and renewal of certificates for qualified medication aides.

SECTION 8. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding personnel administration, is amended by revising subparagraph (BB) ofparagraph (15) as follows:
'(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Technical College System of Georgia, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;'

SECTION 9. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by replacing "Department of Technical and Adult Education" with "Technical College System of Georgia" wherever the former occurs in: (l) Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs; and (2) Code Section 48-7-41, relating to basic skills education program credits.

SECTION 10. Title 50 ofthe Official Code of Georgia Annotated, relating to state government, is amended by replacing "Department of Technical and Adult Education" with "Technical College System of Georgia" wherever the former occurs in: (l) Code Section 50-13-2, relating to definitions relative to the Georgia Administrative

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Procedure Act; (2) Code Section 50-16-38, relating to all state entities to acquire real property through the State Properties Commission, exceptions, procedure for handling acquisition requests, and funds for acquisitions; (3) Code Section 50-25-14, relating to distribution of legislative information; and (4) Code Section 50-27-3, relating to definitions relative to the Georgia Lottery for Education Act.

SECTION 11. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by replacing "department" with "system" wherever the former occurs in: (1) Code Section 20-4-27, relating to service in the state merit system; (2) Code Section 20-4-28, relating to compensation of employees of schools appointed after July 1, 1987; (3) Code Section 20-4-29, relating to salary and benefit plan of employees of schools formerly operated by local board of education or area postsecondary technical education board; (4) Code Section 20-4-30, relating to compensation of classified employees electing to become classified; (5) Code Section 20-4-32, relating to the accrual of sick leave; and (6) Code Section 20-4-3 3, relating to days off with pay and the accrual of sick leave.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2008.

REVENUE- SALES AND USE TAX EXEMPTION; SALES TAX HOLIDAY; BAD DEBTS.
No. 473 (House Bill No. 948).
AN ACT
To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to change certain provisions regarding state sales and use tax; 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 oftime; to provide for an exemption from sales and use tax with respect to certain sales of certain

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energy efficient products for a limited period of time; to change provisions relating to deductions of bad debts by persons reporting on an accrual basis; to provide for claims to be filed by certain affiliated groups; 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. Article I of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (75) as follows:
(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on July 31, 2008, and concluding at 12:00 Midnight on August 3, 2008.'

SECTION 2. Said article is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (82) as follows:
(82)(A) Purchase of energy efficient products with a sales price of$1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 2, 2008, and concluding at 12:00 Midnight on October 5, 2008.'

SECTION 3. Said article is further amended in Code Section 48-8-45, relating to sales and use tax reporting of sales and deductibility of bad debts, by revising subsection (c) into two subsections as follows:
(c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. (d) An assignee of private label credit card debt purchased directly from a dealer without recourse or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction for private label credit card bad debts under rules and regulations of the commissioner on the same basis that private label credit card bad debts are allowed as :\ deduction on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction for private label credit card bad debts on a return filed by a member of an affiliated group as defined under 26 U.S.C. Section 1504.'

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SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective July 1, 2008.

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

Approved May 12, 2008.

STATE GOVERNMENT- MADE IN GEORGIA PROGRAM.
No. 475 (Senate Bill No. 359).
AN ACT
To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new article to read as follows:
'ARTICLE 6
50-7-70. (a) The General As~embly finds that:
(1) The State of Georgia substantially benefits from the consumption of goods and products manufactured in Georgia; and (2) The State of Georgia could further substantially benefit from creating public awareness of the importance of choosing Georgia's goods and products whenever possible. (b) The Department of Economic Development shall create and implement a 'Made in Georgia' program promoting goods and products manufactured in Georgia. This program

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shall: (1) Showcase and promote goods and products manufactured in Georgia; (2) Inform Georgians of the diverse manufacturing sector within this state; and (3) Provide educational outreach efforts to bring the science of manufacturing into the classroom and emphasize the significant contributions Georgia companies make to the economy and quality of life in Georgia.
(c) The Department of Economic Development may adopt any rules and regulations that it finds necessary to properly implement this Code section.'

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

Approved May 12, 2008.

COURTS- JURIES; EXEMPTION FROM SERVICE.
No. 496 (House Bill No. 188).
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 for an exemption for a primary caregiver of a person aged six or older with physical or cognitive limitations; 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 in subsection (a) by adding a new paragraph to read as follows:
'(5) Notwithstanding paragraph (1) of this subsection, any person who is the primary unpaid caregiver for a person over the age of six; who executes an affidavit on a form provided by the court stating that such primary caregiver is responsible for the care of a person with such physical or cognitive limitations that he or she is unable to care for himself or herself and cannot be left unattended and that the primary caregiver has no reasonably available alternative to provide for the care; and who requests to be excused or deferred shall be excused or deferred from jury duty. Any person seeking the exemption shall furnish to the court, in addition to the aforementioned affidavit, a

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statement of a physician, or other medical provider, supporting the affidavit's statements related to the medical condition of the person with physical or cognitive limitations. It shall be the duty of the court to provide affidavits for the purpose of this paragraph.'

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

Approved May 12, 2008.

CRIMINAL PROCEDURE WEAPONS; DISPOSAL.
No. 497 (House Bill No. 333).
AN ACT To amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, so as to provide that weapons used in the commission of a crime or a delinquent act shall be turned over to the sheriff, chief of police, or other executive officer of a law enforcement agency which confiscated the weapon for disposal in accordance with law; to provide for procedures for disposal and record keeping; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or destruction of weapons used in the commission of a crime or delinquent act involving possession, is amended by revising such Code section as follows:
"17-5-52. (a) When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty ofthe commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer ofthe law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. Within 90 days after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall retain the weapon or device

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for use in law enforcement, destroy the same, or sell the weapon or device pursuant to judicial sale as provided in Article 7 of Chapter 13 of Title 9 or by any commercially feasible means, provided that, if the weapon or device used as a weapon in the crime is not the property of the defendant, there shall be no forfeiture of such weapon or device. (b) The proceeds derived from all sales of such weapons or devices, after deducting the costs of the advertising and the sale, shall be turned in to the treasury of the county or the municipal corporation that sold the weapon or device. The proceeds derived from the sale of such weapons or devices confiscated by a state law enforcement agency shall be paid into the state treasury. (c) Any law enforcement agency that retains, destroys, or sells any weapon or device pursuant to this Code section shall maintain records that include an accurate description of each weapon or device along with records of whether each weapon or device was retained, sold, or destroyed.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 12, 2008.

SOCIAL SERVICES- COUNTY DIRECTORS; APPOINTMENT.
No. 498 (House Bill No. 715).
AN ACT
To amend Code Section 49-3-3 of the Official Code of Georgia Annotated, relating to county directors of family and children services, so as to change certain provisions relating to the appointment of the county directors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 49-3-3 of the Official Code of Georgia Annotated, relating to county directors

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of family and children services, is amended by striking subsection (a) and inserting in lieu thereof the following:
'(a) Each county board of family and children services shall recommend to the commissioner of human resources one or more names for appointment to the position of county director. The commissioner is designated as the appointing authority for the department and may accept or reject any such recommendation.'

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

Approved May 12, 2008.

ALCOHOL-VAPORIZED ALCOHOLIC BEVERAGES.
No. 499 (House Bill No. 1066).
AN ACT
To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to prohibit owning or possessing alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, is amended by adding a new Code section to read as follows:
'3-3-33. (a) As used in this Code section, the term:
(I) 'Alcohol vaporizing device' means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. (2) 'Licensed premises' means any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and shall include any premises which are

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required by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises. (3) 'Operator' means an owner, license holder, operator, manager, or person in charge of any licensed premises. (b)(l) No person shall purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. This paragraph shall not apply to a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43. (2) No person shall own or possess any alcohol vaporizing device, including but not limited to any machine known as an Alcohol Without Liquid (AWOL) machine. This paragraph shall not apply to any nebulizer or atomizer used to supply a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43. (c) No operator shall keep or allow to be kept on the licensed premises thereof any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. (d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor. Any person convicted of a violation of this Code section involving the offer for sale or use to a person under the age of 21 shall be guilty of a misdemeanor, except that upon the second or subsequent conviction such person so convicted shall be guilty of a misdemeanor of a high and aggravated nature.'

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

Approved May 12, 2008.

RETIREMENT- REGENTS RETIREMENT PLAN; OPT INTO TEACHERS PLAN; EMPLOYER'S CONTRIBUTION.
No. 500 (House Bill No. 815).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the definition of persons who may opt between the Teachers Retirement System of Georgia and the Regents Retirement Plan; to change provisions relative to the employer's contribution to the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subsection (a) of Code Section 47-3-68, relating to membership in the Teachers Retirement System of Georgia by eligible university system employees, as follows:
'(a)(l) The provisions of this paragraph shall apply to persons employed prior to July I, 2008. As used in this Code section, the term 'eligible university system employee' means faculty and principal administrators employed by the University System of Georgia, as designated by regulations of the Board of Regents of the University System of Georgia, who are:
(A) Employed on or after July I, 1990, and are eligible for membership in the retirement system provided for in this chapter as of the date of employment; or (B) Members of the retirement system provided for in this chapter on July I, 1990, with less than ten years of creditable service on that date. (2) The provisions of this paragraph shall apply to persons first or again employed on or after July I, 2008. As used in this Code section, the term 'eligible university system employee' means faculty members or exempt employees within the meaning of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201, et seq., who are eligible for membership in the retirement system provided for in this chapter as of the date of such employment.'

SECTION 2. Said title is further amended by revising subsection (b) of Code Section 47-21-4, relating to employee and other contributions to the Regents Retirement Plan, as follows:
'(b) The University System of Georgia shall contribute to the optional retirement plan on behalf of each participating employee the following:
(I) Prior to January 1, 1997, an amount equal to 4 percent of the participating employees earnable compensation; (2) On and after January I, 1997, and before January I, 2009, an amount equal to the normal cost contribution determined by the board of trustees in accordance with the provisions of Code Section 47-3-48; and (3) On and after January 1, 2009, an amount determined by the board of regents after consulting with the state auditor, the director of the Office of Planning and Budget, and the state accounting officer. The board of regents shall review the contribution amount every three years.'

SECTION 3. This Act shall become effective on July I, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not

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become effective and shall be automatically repealed in its entirety on July I, 2008, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 12, 2008.

LABOR- SUBSEQUENT INJURY TRUST FUND; ASSESSMENTS;
SURPLUS FUNDS.
No. 501 (House Bill No. 1186).
AN ACT
To amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to provide for a reserve of surplus funds to be maintained by the administrator of the fund; to provide for disbursement of any remaining balance in the fund once all bona fide claims have been paid; to provide for consistent resolutions; 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 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended by revising Code Section 34-9-358, relating to payment of assessments to the fund by insurers and self-insurers, in its entirety as follows:
'34-9-358. (a) Prior to January I, 2010, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent ofthe total disbursement made from the fund during the preceding calendar year less the amount of the net assets in the fund as of December 31 of the preceding calendar year which the total workers' compensation claims paid by the insurer or self-insurer bears to the total workers' compensation claims paid by all insurers and self-insurers during the preceding calendar year. (b) On or after January I, 2010, each insurer and self-insurer under this chapter shall,

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under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year as of December 31 of the preceding calendar year which the total workers' compensation claims paid by the insurer or self-insurer bears to the total workers' compensation claims paid by all insurers and self-insurers during the preceding calendar year but not to exceed $100 million. The administrator is authorized to create and maintain a reserve of surplus moneys as may be deemed necessary by the board of trustees in order to ensure sufficient moneys will be available for the payment of all claims that are to be paid by the fund in accordance with Code Section 34-9-368. (c) The administrator is authorized to reduce or suspend assessments for the fund when a completed actuarial survey shows further assessments are not needed for all bona fide claims that are to be paid by the fund.
(d)( I) When further assessments are not needed as all eligible workers' compensation claims for which the fund is liable in accordance with Code Section 34-9-368 have been paid and all related administrative costs have been accrued or paid and a balance remains in the fund, all insurers and self-insurers in this state who have maintained workers' compensation insurance in this state for any time during the preceding three years from the date that the last claim has been paid shall be entitled to a pro rata refund of assessments previously collected and unexpended in the remaining fund balance. (2) The calculation for such pro rata refund to be paid by the fund to each individual insurer and self-insurer shall be determined by the following formula:
The balance remaining in the fund shall be the numerator and shall be divided by the total amount of assessments for workers' compensation coverage paid by all insurers and self-insurers during the three-year period, which shall be the denominator. The quotient ofthe numerator and denominator shall be multiplied by the total amount of assessments that are paid by the individual insurer or self-insurer during the three-year period. The product of those numbers shall represent the amount to be paid to such insurer or self-insurer as its pro rata refund from the balance remaining in the fund. (3) Nothing in this subsection shall preclude the board oftrustees from authorizing a loss portfolio transfer of any unresolved claims. (e) An employer who has ceased to be a self-insurer prior to the end of the calendar year shall be liable to the fund for the assessment of the calendar year. Such employer who has ceased to be a self-insurer shall continue to be liable to the fund for assessments in subsequent calendar years so long as payments are made on any workers' compensation claims made while in self-insured status. (f) The initial assessment of each insurer or self-insurer for the purpose of generating revenue to begin operation of the fund shall be in the amount of one-half of I percent of the workers' compensation premiums collected by the insurer for the preceding calendar years from an employer who is subject to this chapter or the equivalent of such in the case of a self-insurer.'

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SECTION 2. Said article is further amended by revising Code Section 34-9-368, relating to reimbursement of self-insured employers or insureds, requirement of an actuarial study, and dissolution of the Subsequent Injury Trust Fund, as follows:
'34-9-368. (a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2006. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2006, which qualify for reimbursement. (b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2006. (c) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2006, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended, consistent with the provisions of subsection (d) of Code Section 34-9-358; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; (4) A final accounting of the financial affairs of the fund; and (5) The transfer ofthe books, records, and property ofthe fund to the custody ofthe State Board of Workers' Compensation. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims.'

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

Approved May 12, 2008.

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PROPERTY- DEMAND FOR LIQUIDATED DAMAGES.

No. 502 (House Bill No. 1093).

AN ACT

To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, is amended by revising subsections (b) and (c) as follows:
(b)( 1) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be mailed to the grantor, at the grantor's last known address as shown on the records of the grantee or holder of the instrument, written notice of the grantees or holder of the instrument's transmittal of notice of satisfaction or cancellation as required by this subsection and notice of the grantor's right to demand payment of$500.00 in liquidated damages from the grantee or holder ofthe instrument if such obligation is not timely met. (2) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days ofthe date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee or holder of the instrument shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee or holder of the instrument. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he or she wishes to terminate the agreement pursuant to its terms. (3) Notwithstanding paragraph (2) of this subsection, if an attorney at law remits the

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pay-off balance of an instrument to a grantee or holder of the instrument on behalf of a grantor, the grantee or holder of the instrument may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (4) A grantee or holder ofthe instrument shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. (c)(l) Upon the failure of the grantee or holder of the instrument to transmit a legally sufficient satisfaction or cancellation as required by subsection (b) of this Code section, the grantee or holder of the instrument shall be liable to the grantor for the sum of $500.00 as liquidated damages and such additional sums for any loss caused to the grantor, plus reasonable attorney's fees if the grantor makes a written demand for liquidated damages to the grantee or holder of the instrument before transmittal, but not less than 61 days after the instrument is paid in full, and prior to filing a civil action. (2) The grantee or holder of the instrument shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) ofthis Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the liquidated damages as provided in subsection (b) of this Code section is made. No settlement agent or attorney may take an assignment of the right to the $500.00 in liquidated damages. (3) Except as provided in paragraph (I) of subsection (b) and paragraph (2) of subsection (c) of this Code section, no other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder of the instrument to pay the liquidated damages provided for in this subsection. (4) At least 15 business days prior to filing a civil action to recover liquidated damages, the grantor shall provide notice in writing to the grantee or holder ofthe instrument at the address where the grantee or holder of the instrument directs payments to be mailed with respect to the indebtedness secured by the instrument or, if such address is not available, at the address of the grantee or holder of the instrument's registered agent for service of process in Georgia stating that the grantee or holder of the instrument:
(A) Has failed to comply with the obligation required by this Code section; (B) Owes the grantor liquidated damages in the amount of $500.00; and (C) May be sued by the grantor for the failure to comply with the provisions of this Code section. (5) If the grantee or holder of the instrument fails to provide written notice to the grantor regarding the grantee's or holder ofthe instrument's obligation for transmittal as provided in paragraph (I) of subsection (b) of this Code section, the grantor may file a civil action at any time more than 60 days after the grantee's or holder of the instrument's receipt of full payment."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. A demand for liquidated damages made before the effective date of

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this Act shall be governed by the provisions of former Code Section 44-14-3.

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

Approved May 12, 2008.

HEALTH -PROFESSIONS -HEALTH SHARE VOLUNTEERS; CONTRACTS; VOLUNTEER
HEALTH CARE SPECIAL LICENSES.
No. 503 (House Bill No. 1222).
AN ACT
To amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the" 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise certain provisions relating to volunteer health care workers; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the "'Health Share' Volunteers in Medicine Act," is amended by revising Code Section 31-8-192, relating to definitions, as follows:
'31-8-192. As used in this article, the term:
(1) 'Contract' means an agreement executed in compliance with this article between a health care provider and a governmental contractor. This contract shall allow the health care provider to deliver health care services to low-income recipients as an agent of the governmental contractor. The contract must be for volunteer, uncompensated services. Payments made to a health care provider from the Indigent Care Trust Fund shall not constitute compensation under this article.

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(2) 'Department' means the Department of Community Health. (3) 'Disciplinary action' means any action taken by a licensing board to reprimand a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section for inappropriate or impermissible behavior. (4) 'Governmental contractor' means the department or its designee or designees. (5) 'Health care provider' or 'provider' means:
(A) An ambulatory surgical center licensed under Article 1 of Chapter 7 of this title; (B) A hospital or nursing home licensed under Article 1 of Chapter 7 of this title; (C) A physician or physician assistant licensed under Article 2 of Chapter 34 of Title 43; (D) An osteopathic physician or osteopathic physician assistant licensed under Article 2 of Chapter 34 of Title 43; (E) A chiropractic physician licensed under Chapter 9 of Title 43; (F) A podiatric physician licensed under Chapter 35 of Title 43; (F.1) A physical therapist licensed under Chapter 33 of Title 43; (G) A registered nurse, nurse midwife, licensed practical nurse, or advanced registered nurse practitioner licensed or registered under Chapter 26 of Title 43 or any facility which employs nurses licensed or registered under Chapter 26 of Title 43 to supply all or part of the care delivered under this article; (H) A midwife certified under Chapter 26 of this title; (I) A speech-language pathologist or audiologist licensed under Chapter 44 ofTitle 43; (J) An optometrist certified under Chapter 30 of Title 43; (K) A professional counselor, social worker, or marriage and family therapist licensed under Chapter 1OA of Title 43; (L) An occupational therapist licensed under Chapter 28 of Title 43; (M) A psychologist licensed under Chapter 39 of Title 43; (N) A dietitian licensed under Chapter llA of Title 43; (0) A pharmacist licensed under Chapter 4 of Title 26; (P) A health maintenance organization certificated under Chapter 21 of Title 33; (Q) A professional association, professional corporation, limited liability company, limited liability partnership, or other entity which provides or has members which provide health care services; (R) Any other medical facility the primary purpose of which is to deliver human medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider; (S) A dentist or dental hygienist licensed under Chapter 11 of Title 43; or (T) Any other health care professional, practitioner, provider, or facility under contract with a governmental contractor, including a student enrolled in an accredited program that prepares the student for licensure as any one of the professionals listed in subparagraphs (C) through(O) of this paragraph. The term includes any nonprofit corporation qualified as exempt from federal income

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taxation under Section 50l(c) of the Internal Revenue Code which delivers health care services provided by licensed professionals listed in this paragraph, any federally funded community health center, and any volunteer corporation or volunteer health care provider that delivers health care services. (6) '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 of Management and Budget; (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 of the 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. (7) 'Occasional-service volunteer' means a volunteer who provides one-time or occasional volunteer service. (8) 'Regular-service volunteer' means a volunteer engaged in specific voluntary service activities on an ongoing or continuous basis. (9) 'Restriction' means any limitation imposed by a licensing board on a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section. (1 0) 'Sanction' means any penalty imposed by a licensing board or other regulatory entity on a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section. ( 11) 'Volunteer' means any person who, of his or her own free will, and in support of or in assistance to the program ofhealth 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.'

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SECTION 2. Said article is further amended by revising subsection (c) of Code Section 31-8-193, relating to the establishment of a program to provide for health care services to low-income recipients, as follows:
'(c) In order to enter into a contract under this Code section, a health care provider shall: ( 1) Have a current valid Georgia health professional license; (2) Not be under probation or suspension by the applicable licensing board or subject to other restrictions, sanctions, or disciplinary actions imposed by the applicable licensing board. The department, in its discretion, shall determine if a past restriction, sanction, or disciplinary action imposed by the applicable licensing board is of such a grave and offensive nature with respect to patient safety concerns as to warrant refusal to enter into a contract with such health care provider pursuant to this subsection; (3) Not be subject to intermediate sanction by the Centers for Medicare and Medicaid Services for medicare or Medicaid violations or be subject to sanctions with regard to other federally funded health care programs; and (4) Submit to a credentialing process to determine acceptability of participation."

SECTION 3. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-28, relating to volunteers in health care specialties, as follows:
43-1-28. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialties Act.' (b) As used in this Code section, the term:
(1) 'Health care board' means that professional licensing board which licenses a health care practitioner under this title. (2) 'Health care practitioner' means a chiropractor, registered professional nurse, podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physicians assistant, licensed practical nurse, certified nurse midwife, pharmacist, speech-language pathologist, audiologist, psychologist, or dietitian. (3) 'Health care specialty' means the practice of chiropractic, nursing, podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, midwifery, pharmacy, speech-language pathology, audiology, psychology, or dietetics. (4) 'Unrestricted' means that no restrictions have been placed on a health care practitioner's license by a health care board, no sanctions or disciplinary actions have been imposed by a health care board on a health care practitioner, and a health care practitioner is not under probation or suspension by a health care board. (c) Notwithstanding any other provision oflaw, each health care board shall issue a special

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license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license shall only be issued to a person who:
(1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or (2) Is retired from the practice of the health care specialty or, in the case of a physician's assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure unrestricted in good standing in the applicable health care specialty licensing jurisdiction in the United States. (d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31. (e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license. (f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (h)(!) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1. (2) The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article.

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(i) This Code section, being in derogation of the common law, shall be strictly construed.'

SECTION 4. Said title is further amended by revising Code Section 43-11-52, relating to volunteers in dentistry and dental hygiene, as follows:
'43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry and Dental Hygiene Act.' (b) Notwithstanding any other provision of law, the board shall issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license shall only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full unrestricted licensure in good standing in dentistry or dental hygiene in any state. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on the applicant's license by the board, no sanctions or disciplinary actions have been imposed by the board on the applicant, and the applicant is not under probation or suspension by the board. (c) The special licensee shall be permitted to practice dentistry or dental hygiene only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. The practice of dental hygiene by a dental hygienist awarded a special license under this Code section shall be governed by Code Section 43-11-74. (d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (t) If, at the time application is made for the special license, the dentist or dental hygienist is notin compliance with the continuing education requirements established by the board for dentists or dental hygienists in this state, the dentist or dental hygienist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g)( I) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing dentistry or dental hygiene under and in compliance with a special license

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issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing dentistry or dental hygiene pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section shall be governed by the provisions of such article. (h) This Code section, being in derogation of the common law, shall be strictly construed. (i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.'

SECTION 5. Said title is further amended by revising Code Section 43-34-45.1, relating to special licenses for volunteers, as follows:
43-34-45 0 I. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Medicine Health Care Act.' (b) Notwithstanding any other provision of law, the board shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license shall only be issued to a person who:
( 1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or (2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on a physicians license by the board, no sanctions or disciplinary actions have been imposed by the board on a physician, and a physician is not under probation or suspension by the board. (c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide medical services only to indigent patients in medically underserved or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. (d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program, on a form

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prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person. (f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g)( I) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing medicine pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers shall be governed by the provisions of such article. (h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical procedure. (i) This Code section, being in derogation of the common law, shall be strictly construed.'

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

Approved May 12, 2008.

FOOD, DRUGS, AND COSMETICS- FOOD NUTRITION INFORMATION; LIMIT REGULATION.
No. 504 (House Bill No. 1303).
AN ACT
To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related

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matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, is amended by revising of Code Section 26-2-3 70, relating to definitions, as follows:
'26-2-370. As used in this article, the term:
(1) 'Food nutrition information' means the content of food including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content. (2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include a 'food sales establishment,' as defined in Code Section 26-2-21, except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term shall not include any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor public school function, or any outdoor private school function. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 50 I(d) or paragraphs (I) through (8) or paragraph (I 0) of Section 50 I(c) ofthe Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted. (3) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof.'

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SECTION 2. Said article is further amended by revising subsection (a) of Code Section 26-2-373, relating to the promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, as follows:
'26-2-3 73. (a) For the purpose of protecting the public health, the Department of Human Resources shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department; provided, however, that no county board of health or political subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the provision of food nutrition information at food service establishments. As used in this subsection, the term 'political subdivision' means any municipality, county, local government authority, board, or commission; however, such term shall not include any state agency or state authority. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture.8

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

Approved May 12, 2008.

ALCOHOL- STATE GOVERNMENT- REGIONAL ECONOMIC ASSISTANCE PROJECTS; ALCOHOL SALES.
No. 505 (House Bill No. 1280).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority ofthe state revenue commissioner; to amend Chapter 8 of Title

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50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for additional assistance by the Department of Community Affairs relating to regional economic assistance projects; to provide for certain adjacent facilities to satisfy certain designation criteria; to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code ofGeorgia Annotated; 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 adding a new chapter to read as follows:

'CHAPTER 13 3-13-1. As used in this chapter, the term:
(I) 'Alcoholic beverages for consumption on premises' shall mean malt beverages, wine, or distilled spirits by the drink for consumption on the premises only. (2) 'Licensee' shall mean the developer, owner, or operator of the REAP or the developer, owner, or operator of or any certified project or facility located in a REAP to whom a state retail consumption dealer license is issued. (3) 'Regional Economic Assistance Project' or 'REAP' shall have the same meaning as in Code Section 50-8-190 and shall specifically include any certified project or facility located in a REAP.

3-13-2. (a) A REAP shall be authorized to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, upon obtaining state license from the commissioner for the sale of alcoholic beverages. (b) Prior to the issuance of a state license, the applicant shall obtain a license for the sale of alcoholic beverages from the local governing authority of any county or municipal corporation in which the REAP of developer, owner, or operator to be issued a state license is wholly or partially located; provided, however, that if said local governing authority is not authorized by ordinance or resolution to issue licenses for the sale of alcoholic beverages for consumption on premises, then no local license shall be required. Ifthe local governing authority authorizes the issuance of licenses for the sale of alcoholic beverages for consumption on premises by resolution or ordinance after a state license has been issued or renewed, the licensee shall have 60 days after such an ordinance or resolution is passed to obtain the local license. Ifthe applicant or licensee fails to obtain such local license, the

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applicant shall be denied a state license or the state license shall be subject to suspension or revocation by the commissioner. (c) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, regardless of what local ordinance or regulations may be in effect in any jurisdiction in which the REAP is wholly or partially located. The sale of alcoholic beverages for consumption on premises by a licensee on days and at times authorized by subsection (a) of this Code section which differ from those days and times permitted under a licensee's local license shall not constitute lawful grounds for the denial, revocation, suspension, or nonrenewal of said local license by the local governing authority. (d) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises anywhere within the REAP.

3-13-3. A local government shall be authorized to levy and collect any local taxes on any sale of alcoholic beverages made within its jurisdiction by a licensee as are otherwise authorized by law.

3-13-4. The commissioner may promulgate such reasonable rules and regulations as are necessary and appropriate to regulate the issuance of state retail consumption dealer licenses to developers, owners, or operators of a REAP and the developers, owners, or operators of any certified project or facility located in a REAP and to enforce the provisions of this chapter."

SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by revising subsection (b) of Code Section 50-8-7, relating to the planning and technical assistance activities and information gathering and distributing, by adding a new paragraph (2.1) to read as follows:
"(2.1) The department may assist any local government or local authority owning or operating a facility for convention and trade show purposes or any other similar or related purposes in identifying and promoting regional economic assistance projects within their respective jurisdictions, and such facility, if the subject of a reciprocal use agreement, shall be an adjacent facility satisfying the criteria of paragraph (1) of subsection (c) of Code Section 50-8-191:

SECTION 3. Said chapter is further amended by revising Code Section 50-8-193, relating to encouragement of state agencies to give certified projects priority in licensing and processing

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grants and authorization for sale of alcoholic beverages, as follows: so-8-193. The Department ofCommunity Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Economic Development; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification!

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

Approved May 12, 2008.

SOCIAL SERVICES- PROJECT 2020: GEORGIA FOR A LIFETIME.
No. 523 (Senate Bill No. 341).
AN ACT
To amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; 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 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, is amended by adding a new Code section to read as follows:

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49-6-21.1. (a) In addition to those duties and powers set forth in Code Section 49-6-21, the Council on Aging shall provide a written report entitled 'Project 2020: Georgia for a Lifetime' to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and such report shall be provided no later than December 15,2010. The President of the Senate and the Speaker of the House of Representatives shall direct the report to the appropriate committees for review. The council shall notify members of the General Assembly and any state department or agency mentioned in or affected by the report of the availability of such report, and such notification shall be given in the manner which the council deems most effective and efficient. (b) As part of the report required by subsection (a) of this Code section, the council shall research, identify, evaluate, and make recommendations on:
(1) State policies regarding older adults and state agencies' readiness for the expanding aging population; (2) The projected impact that this states increasing aging population will have on health, protection, safety, housing, transportation, employment, caregiving, education, the economy, access to services, volunteerism, legal and financial preparedness, and social and recreational resources; (3) The implementation of specific policies, procedures, and programs to respond to the needs and impact of the aging population relating to health, protection, safety, housing, transportation, employment, caregiving, education, the economy, access to services, volunteerism, legal and financial preparedness, and social and recreational resources; (4) Ways to increase public and governmental understanding of the current and future needs of the state's aging population, to increase state government readiness, and to increase community preparedness for an aging Georgia; (5) Ways to facilitate the communication and coordination of public and private entities as they plan for the growing aging population; (6) The status and effectiveness of policies, procedures, and programs that engage the older population or that provide services to the aging population; (7) The policies, procedures, initiatives, and programs that other states have implemented to address the needs of their aging populations; (8) The policies, procedures, initiatives, and programs that other states have developed and implemented to engage older adults as volunteers and mentors; (9) Methods to provide a forum for public comment on planning issues relating to the aging population; and (10) Ways to encourage public and private entities to analyze, plan, and prepare for the impact of the aging population. (c) In preparing the report required by subsection (a) of this Code section, the council may hire experts and shall hear from key leaders of the public and private sectors in the various areas relating to the aging population. (d) For the purpose of assisting the council in carrying out the provisions of this Code

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section, the council may appoint an advisory committee of not more than 17 members. The members of such advisory committee shall serve at the pleasure of the council. Members of the advisory committee shall receive no compensation for the performance of their duties but shall be reimbursed for actual travel and other reasonable and necessary expenses incurred while attending called meetings of the advisory committee. If such an advisory committee is appointed, it shall meet at least quarterly. (e) The council is authorized to call upon for cooperation and shall receive the cooperation of any state department or agency in carrying out the provisions of this Code section. (f) The council shall apply for any applicable grants and resources, public and private, for which it may qualify for executing its duties and powers under this Code section. (g) Not later than December 15, 2009, the council shall provide the Governor, the President of the Senate, and the Speaker of the House of Representatives with a written interim progress report on the status of the report required by subsection (a) of this Code section. The President of the Senate and the Speaker of the House of Representatives shall direct the interim progress report to the appropriate committees for review. The council shall notify members of the General Assembly and any state department or agency mentioned in or affected by the interim progress report of the availability of such report, and such notification shall be given in the manner which the council deems most effective and efficient. (h) This Code section shall stand repealed in its entirety on January I, 2011 .'

SECTION 2. This Act shall become effective July 1, 2008, 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 12, 2008.

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MOTOR VEHICLES- PARKING DECALS; AFFIDAVIT OF MILITARY PHYSICIAN.

No. 524 (Senate Bill No. 369).

AN ACT

To amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, is amended by adding a new subsection to read as follows:
'(h) For purposes of this Code section, an active duty military physician shall be entitled to submit an affidavit in support of the application of active duty or retired military personnel for parking permits for persons with disabilities whether or not such physician is licensed to practice in Georgia. Such affidavit shall state that the applicant is in active military service and is stationed in Georgia pursuant to military orders or is retired from the military and is a resident of Georgia and that such person is a disabled person, the specific disability that limits or impairs the persons ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221.'

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

Approved May 12, 2008.

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STATE GOVERNMENT- LOTTERY WINNINGS; ASSIGNMENT.

No. 525 (House Bill No. 515).

AN ACT

To amend Article I of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Lottery for Education Act," so as to define certain terms; to provide that under certain conditions lottery winnings may be assigned; to provide for a court order; to provide for findings of fact; to provide for notice and acknowledgment; to provide for liens and bankruptcy; to provide for an exemption from liability; to provide for a fee; to provide for certain restrictions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Lottery for Education Act," is amended by revising Code Section 50-27-3, relating to definitions, as follows:
"50-27-3. As used in this chapter, the term:
(I) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether such prizes are claimed and excluding amounts held as a fidelity fund pursuant to Code Section 50-27-19. (2) 'Assignee' means any person or third party other than the winner to whom any portion of a prize or any right of any person to a prize awarded payable by the corporation in installment payments may be transferred or assigned pursuant to an appropriate judicial order as provided in Code Section 50-27-24.1. (3) 'Assignment' means the transfer of any portion of a prize or any right of any person to a prize awarded payable by the corporation in installment payments to any person or third party pursuant to an appropriate judicial order as provided in Code Section 50-27-24.1. (4) 'Assignor' means any person receiving installment payments seeking to assign or transfer any portion of a prize or any right of any person to a prize awarded to an assignee or any person or third party pursuant to an appropriate judicial order as provided in Code Section 50-27-24.1. (5) 'Board' means the board of directors ofthe Georgia Lottery Corporation. (6) 'Capital outlay projects' means the acquisition, construction, installation,

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modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interests 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, computers, software, laboratories, furniture, textbooks, and reference material or other property of any nature whatsoever used on, in, or in connection with educational facilities. (7) 'Casino gambling' means a location or business for the purpose of conducting illegal gambling activities, but excluding the sale and purchase of lottery tickets or shares as authorized by this chapter. (8) 'Chief executive officer' means the chief executive officer of the Georgia Lottery Corporation. (9) 'Corporation' means the Georgia Lottery Corporation. (10) 'Educational facilities' means land, structures, and buildings owned or operated by and through the board of regents, the State Board of Education, the Department of Technical and Adult Education, or by any city, county, or independent school system within this state; provided, however, that a public road or highway leading to an educational facility shall not be considered an educational facility. ( 11) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; costs ofproviding to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; costs associated with repairing and maintaining advanced electronic instructional technology; voluntary pre-kindergarten; and an education shortfall reserve. (12) 'Interested party' means any individual or entity that has notified the corporation of his or her interest in the prize or is a party to a civil matter adverse to the assignor, including actions for alimony and child support. (13) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices but excluding pari-mutuel betting and casino gambling as defined in this Code section. (14) 'Major procurement contract' means any gaming product or service costing in excess of $75,000.00, including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Georgia lottery, but not including materials, supplies,

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equipment, and services common to the ordinary operations of a corporation. (15) 'Member' or 'members' means a director or directors of the board of directors of the Georgia Lottery Corporation. (16) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. ( 17) 'Minority business' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his or her personal income for Georgia income tax purposes the income of such business; (B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation. (18) 'Net proceeds' means all revenue derived from the sale of lottery tickets or shares and all other moneys derived from the lottery less operating expenses. (19) 'Operating expenses' means all costs of doing business, including, but not limited to, prizes, commissions, and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Code Section 50-27-19, and other operating costs. (20) 'Pari-mutuel betting' means a method or system of wagering on actual races involving horses or dogs at tracks which involves the distribution of winnings by pools. Such term shall not mean lottery games which may be predicated on a horse racing or dog racing scheme that does not involve actual track events. Such term shall not mean traditional lottery games which may involve the distribution of winnings by pools. (21) 'Person' means any individual, corporation, partnership, unincorporated association, or other legal entity. (22) 'Retailer' means a person who sells lottery tickets or shares on behalf of the corporation pursuant to a contract. (23) 'Share' means any intangible evidence of participation in a lottery game. (24) 'Ticket' means any tangible evidence issued by the lottery to provide participation in a lottery game. (25) 'Vendor' means a person who provides or proposes to provide goods or services to the corporation pursuant to a major procurement contract, but does not include an employee of the corporation, a retailer, or a state agency or instrumentality thereof. Such term does not include any corporation whose shares are publicly traded and which is the parent company of the contracting party in a major procurement contract:

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SECTION 2. Said article is further amended by revising paragraph (I) of subsection (c) of Code Section 50-27-24, relating to prize proceeds subject to state income tax, attachments, garnishments, or executions, validation of winning tickets, prohibited purchases, money-dispensing machines, and unclaimed prize money, as follows:
'(I) Except as provided in Code Section 50-27-24.1, no prize, any portion of a prize, or any right of any person to a prize awarded shall be assignable. Any prize or any portion of a prize remaining unpaid at the death of a prize winner shall be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the corporation along with a notarized letter of direction from the settlor and no written notice of revocation has been received by the corporation prior to the settlor's death. Following a settlor's death and prior to any payment to such a successor trustee, the corporation shall obtain from the trustee a written agreement to indemnify and hold the corporation harmless with respect to any claims that may be asserted against the corporation arising from payment to or through the trust. Notwithstanding any other provisions of this Code section, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled;'

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
'50-27-24.1. (a) Under an appropriate judicial order, any prize or any portion of a prize or any right of any person to a prize awarded payable by the corporation in installment payments may be paid to any person other than the winner. (b) The right of a person to a prize payable by the corporation in installment payments may be voluntarily assigned as a whole or in part if the assignment is made to a person designated in accordance with an order of the superior court in the county where the corporation is located. In the case of a voluntary assignment for consideration made under a judicial order, the assignee shall withhold from the purchase price to be paid to the assignor federal and state income taxes in a manner and amount consistent with the procedures of the corporation and pay such withheld taxes to the proper taxing authority in a timely manner and maintain and file all required records, forms, and reports. (c) On the filing by the assignor or the assignee in the superior court of a petition seeking approval of a voluntary assignment, the filing party shall schedule a hearing on such petition and serve notice of the hearing on all interested parties. The court shall conduct an evidentiary hearing. If the court finds that:
(I) The assignment is in writing, is executed by the assignor, and is by its terms subject to the laws of the state; (2) The assignor has provided a sworn affidavit attesting that he or she is of sound mind, is in full command of his or her faculties, and is not acting under duress;

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(3) The assignor has been advised about the assignment by an independent attorney who is not related to and not compensated by the assignee or an affiliate of the assignee; (4) The assignor understands that he or she will not receive the prize payments or parts of payments during the years assigned; (5) The assignor understands and agrees that the corporation, directors, and officials and employees of the corporation are not liable or responsible for making any ofthe assigned payments; (6) The assignee has provided the assignor with a one-page disclosure statement in boldface type not less than 14 points in size, setting forth:
(A) The payments being assigned by the amount and payment date; (B) The purchase price; (C) The rate of discount to present value assuming daily compounding and funding on the contract date; (D) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, notary fees, and other commissions, fees, costs, expenses, and charges, and a good faith estimate of all legal fees and court costs payable by the assignor or deductible from the gross amount otherwise payable to the assignor; (E) The net amount payable to the assignor after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (D) of this paragraph; and (F) The amount of any penalty and the amount of any liquidated damages, inclusive of penalties, payable by the assignor in the event of any breach of the transfer agreement by the assignor; (7) The interest rate or discount rate, as applicable, associated with the assignment does not indicate overreaching or exploitation, does not exceed current usury rates, and does not violate any laws of usury of this state; and (8) The contract of assignment expressly states that the assignor has three business days after signing the contract to cancel the assignment, the court shall issue an order approving a voluntary assignment and directing the corporation to make prize payments as a whole or in part to the assignee. (d) Written notice of the petition and proposed assignment and any court hearing concerning the petition and proposed assignment shall be given to the corporation's counsel at least ten days before a court hearing. The corporation need not appear in or be named as party to an action that seeks judicial approval of an assignment but may intervene as of right in the action. A certified copy of a court order approving a voluntary assignment shall be given to the corporation not later than ten days before the date on which the payment is to be made. Written notice of the petition and proposed assignment and any court hearing concerning the petition and proposed assignment shall be served by certified mail to the last known address of any interested party. The interested party need not appear in or be named as party to an action that seeks judicial approval of an assignment but may intervene as of right in the action.

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(e) The corporation, not later than ten days after receiving a certified copy of a court order approving a voluntary assignment, shall send the assignor and the assignee written confirmation of the court approved assignment and the intent of the corporation to rely on the assignment in making payments to the assignee named in the order free from any attachments, garnishments, or executions. (f) A voluntary assignment may not include or cover payments or parts of payments to the assignor to the extent that such payments are subject to attachments, garnishments, or executions authorized and issued pursuant to law as provided in subsection (b) of Code Section 50-27-24. Each court order issued under this subsection shall provide that any obligations of the assignor created by subsection (b) of Code Section 50-27-24 shall be satisfied out of the proceeds to be received by the assignor. (g) A voluntary assignment may not include portions of payments that are subject to offset on account of a defaulted or delinquent child support obligation, nonwage garnishment, or criminal restitution obligation or on account of a debt owed to a state agency. Each court order issued under subsection (c) of this Code section shall provide that any delinquent child support or criminal restitution obligations of the assignor and any debts owed to a state agency by the assignor, as of the date of the court order, shall be set off by the corporation first against remaining payments or portions thereof due the prize winner and then against payments due the assignee. (h) The corporation, the directors, officials, and employees ofthe corporation are not liable under this Code section after payment of an assigned prize is made. The assignor and assignee shall hold harmless and indemnify the corporation, the directors, and the state, and its employees and agents, from all claims, suits, actions, complaints, or liabilities related to the assignment. (i) The corporation may establish a reasonable fee to defray administrative expenses associated with assignments made under this Code section, including a processing fee imposed by a private annuity provider. The amount of the fee shall reflect the direct and indirect costs of processing assignments. (j) The assignee shall notify the corporation of its business location and mailing address for payment purposes and of any change in location or address during the entire course of the assignment. (k) A court order or a combination of court orders under this Code section may not require the corporation to divide a single prize payment among more than three different persons. This Code section does not prohibit the substitution of assignees as long as there are not more than three assignees at any one time for any one prize payment. Any subsequent assignee is bound as the original assignee by the provisions of this Code section and the terms and conditions of the contract of assignment. (I) If the federal Internal Revenue Service or a court of competent jurisdiction issues a determination letter, revenue ruling, or other public document declaring that the voluntary assignment of prizes will affect the federal income tax treatment of lottery prize winners who do not assign their prizes, then within 15 days after the corporation receives the letter,

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ruling, or other document, the director of the corporation shall file a copy of it with the Attorney General and a court may not issue an order authorizing a voluntary assignment under this Code section. (m) The provisions of this Code section shall prevail over any inconsistent provision in Code Section 11-9-109. (n) Any agreement or option to sell, assign, pledge, hypothecate, transfer, or encumber a lottery prize, or any portion thereof, prior to the effective date of this Code section shall be void in its entirety."

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 12, 2008.

ALCOHOL- WINE; DIRECT SHIPMENT TO CONSUMER.
No. 526 (House Bill No. 1061).
AN ACT
To amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to amend certain provisions relating to special order shipping licenses; to define a term; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to be paid by the shipper of the wine; 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 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, is amended by revising Code Section 3-6-31, relating to special order shipping license requirements and regulations, as follows:

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"3-6-31. (a) For purposes of this Code section, the term 'winery' means any maker or producer of wine whether in this state or in any other state, who holds a valid federal basic wine manufacturing permit. (b) Notwithstanding any other provision of this title to the contrary, any shipper which is also a winery may be authorized to make direct shipments of wine to consumers in this state, without complying with the provisions of Code Section 3-6-22, upon obtaining a special order shipping license from the commissioner pursuant to this Code section. (c) A special order shipping license shall only be issued to a winery upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-6-20. (d) A special order shipping license shall entitle the winery to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that:
(1) The holder of a special order shipping license shall only ship brands of wine for which the holder has submitted labels to the commissioner; (2) No holder of a special order shipping license shall be permitted to ship in excess of 12 standard cases of wine of one brand or a combination of brands into this state to any one consumer or address per calendar year; (3) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23 and shall verify the age of such person placing the order either by the physical examination of an approved government issued form of identification or by utilizing an Internet based age and identification service; (4) A special order shipping license shall not authorize the shipment of any wine to any premises licensed to sell alcoholic beverages pursuant to this title; and (5) Every shipment of wine by the holder of a special order shipping license shall be clearly marked 'Alcoholic Beverages, Adult Signature Required,' and the carrier delivering such shipment shall be responsible for obtaining the signature of an adult who is at least 21 years of age as a condition of delivery. (e) The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person not of age as required by Code Section 3-3-23, such winery shall not be issued any special order shipping license pursuant to this Code section for a period of five years from the date of revocation. (f) The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and

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other information as may be required by the commissioner. In addition, an applicant for and a holder of a special order shipping license, as a condition of receiving and holding a valid license, shall:
(1) Agree to collect and to pay applicable Georgia state and local sales tax on each sale shipped to a consumer in Georgia; (2) Accompany each remittance with such sales tax reports, documentation, and other information as may be required by the commissioner; and (3) Consent to enforcement of the provisions of this Code section by the department and to the jurisdiction of the courts of Georgia for the collection of such taxes or other moneys owing, including interest and penalties. (g) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section.'

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

Approved May 12, 2008.

PROFESSIONS- REGISTERED PROFESSIONAL NURSES; FINGERPRINT CHECKS.
No. 527 (House Bill No. 1041).
AN ACT
To amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; 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 I of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," is amended by revising Code Section 43-26-6, relating to the use of the title by a licensed registered nurse or advanced practice registered nurse, as follows:

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43-26-6. (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. (b) Any person holding a license to practice nursing as a licensed undergraduate nurse, which license was issued by the board and valid on July I, 1975, shall be deemed to be licensed to practice nursing as a licensed undergraduate nurse under this article and shall have the right to use the title 'licensed undergraduate nurse' and the abbreviation 'L.U.N.' No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is licensed to practice nursing as a licensed undergraduate nurse. After July 1, 1975, there shall be no new certificates issued for licensure to practice nursing as a licensed undergraduate nurse. (c) 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 form of identification during times when such person is providing direct patient care. An advanced practice registered nurse shall meet the identification requirements of this subsection by displaying the title or abbreviation of his or her area of specialization."

SECTION 2. Said article is further amended in Code Section 43-26-7, relating to requirements for licensure as a registered professional nurse, as follows:
43-26-7. (a) Any applicant who meets the requirements of this Code section shall be eligible for licensure as a registered professional nurse. (b) An applicant for licensure by examination shall:
(1) Submit a completed written application and fee; (2) Have graduated from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board; (3) Pass a board recognized licensing examination; provided, however, that such examination may not be taken prior to graduation from the nursing education program; (4) Have satisfactory results from a fingerprint record check report conducted by the

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Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and (5) Meet such other criteria as established by the board. (c) An applicant for licensure by endorsement shall: (I) Submit a completed written application and fee; (2) Have passed a board recognized licensing examination following graduation from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination; (4) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program within the four years immediately preceding the date of the application; (5) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and (6) Meet such other criteria as established by the board. (d) An applicant for reinstatement who has previously held a valid license in Georgia shall: (I) Submit a completed written application and fee; (2) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board within the four years immediately preceding the date of the application; (3) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board

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for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check; and (4) Meet such other criteria as established by the board."

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

Approved May 12, 2008.

COMMERCE- GEORGIA UNIFORM SECURITIES ACT OF 2008.
No. 528 (Senate Bill No. 358).
AN ACT
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to provide for termination or transfer of employment of investment advisers; to provide for succession, change, or withdrawal of registration; to provide for filing fees and postregistration requirements; to provide for fraud and liabilities; to provide for prohibited conduct in providing investment advice; to provide for filing of sales and advertising literature; to provide for qualified immunity and civil and criminal penalties; to provide for rescission offers; to provide for administration and judicial review; to provide for investigations and subpoenas; to provide for uniformity and cooperation with other agencies; to provide for jurisdiction and service of process; to amend the Official Code of Georgia Annotated to change certain references; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title I 0 of the Official Code of Georgia Annotated, relating to securities, is repealed in its entirety and replaced by a new Chapter 5 to read as follows:

'CHAPTER 5 ARTICLE I

I 0-5-1. This chapter shall be known as and may be cited as the 'Georgia Uniform Securities Act of2008.'

I 0-5-2. As used in this chapter, the term:
(I) 'Agent' means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or who represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. A partner, officer, or director of a broker-dealer or issuer or an individual having a similar status or performing similar functions may be an agent if the individual performs the duties of an agent. This term does not include an individual excluded by rule adopted or order issued under this chapter. (2) 'Bank' means:
(A) A banking institution organized under the laws of the United States; (B) A member bank of the Federal Reserve System; (C) Any other banking institution, whether incorporated or not, doing business under the laws of a state or ofthe United States, a substantial portion ofthe business of which consists ofreceiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to Section I ofP. L. 87-722, 12 U.S.C. Section 92a, and which is supervised and examined by a state or federal agency having supervision over banks and which is not operated for the purpose of evading this chapter; or (D) A receiver, conservator, or other liquidating agent of any institution or firm included in subparagraph (A), (B), or (C) of this paragraph. (3) 'Broker-dealer' means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. The term does not include: (A) An agent; (B) An issuer; (C) A bank, trust company, credit union, or savings institution if its activities as a broker-dealer are limited to those specified in subsections 3(a)(4)(B)(i) through (vi) and (viii) through (x) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); subsection 3(a)(4)(B)(xi) of the Securities Exchange Act of 1934, 15 U.S.C. Section

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78c(a)(4) iflimited to unsolicited transactions; or subsections 3(a)(5)(B) and 3(a)(5)(C) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(5), or a bank that satisfies the conditions described in subsection 3(a)(4)(E) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); (D) An international banking institution; or (E) A person excluded by rule adopted or order issued under this chapter. (4) 'Central Registration Depository' means a computerized data base that contains information about most brokers, their representatives, and the firms they work for. It can be used to find out if brokers are properly licensed and ifthey have had previous disputes with regulators or received serious complaints from investors. (5) 'Credit union' means any credit union incorporated under the laws of this state, the United States, or any state or territory of the United States or the District of Columbia. (6) 'Commissioner' means the Secretary of State of Georgia. (7)(A) 'Depository institution' means:
(i) A bank; or (ii) A savings institution, trust company, credit union, or similar institution that is organized or chartered under the laws of a state or of the United States, authorized to receive deposits, and supervised and examined by an official or agency of a state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law. (B) The term does not include: (i) An insurance company or other organization primarily engaged in the business of insurance; (ii) A Morris Plan bank; or (iii) An industrial loan company that is not an 'insured depository institution' as defined in subsection 3(c)(2) ofthe Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c)(2), or any successor federal statute. (8) 'Federal covered investment adviser' means a person registered under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq. (9) 'Federal covered security' means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the Securities Act of 1933, 15 U.S.C. Section 77r(b), or rules or regulations adopted pursuant to that provision. (10) 'Filing' means the receipt under this chapter of a record by the Commissioner or a designee of the Commissioner. (11) 'Fraud,' 'deceit,' or 'defraud' is not limited to eommon Jaw deceit. (12) 'Guaranteed' means guaranteed as to payment of all principal and all interest. (13) 'Institutional investor' means any of the following, whether acting for itself or for others in a fiduciary capacity: (A) A depository institution or international banking institution; (B) An insurance company;

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(C) A separate account of an insurance company; (D) An investment company as defined in the Investment Company Act of 1940, 15 U.S.C. Section 80a-l, et seq.; (E) A broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (F) An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $10 million or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section I001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-l, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (G) A plan established and maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees if the plan has total assets in excess of $10 million or its investment decisions are made by a duly designated public official or by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-l, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (H) A trust if it has total assets in excess of $10 million, its trustee is a depository institution, and its participants are exclusively plans of the types identified in subparagraph (F) or (G) of this paragraph, regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans; (I) An organization that is not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10 million, including an organization described in subsection 501(c)(3) of the Internal Revenue Code, 26 U.S.C. Section 501 (c)(3 ), a corporation, a Massa<::husetts trust or similar business trust, a limited liability company, or a partnership; (J) A small business investment company licensed by the Small Business Administration under Section 30 I(c) ofthe Small Business Investment Act of 1958, 15 U.S.C. Section 68l(c), with total assets in excess of $10 million; (K) A private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(22), with total assets in excess of $10 million; (L) A federal covered investment adviser acting for its own account; (M) A qualified institutional buyer as defined in Rule 144A(a)(l), other than Rule

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144A(a)(1)(H),17 C.F.R. 230.144A, adopted under the Securities Act of 1933,15 U.S.C. Section 77a, et seq.; (N) A major United States institutional investor as defined in Rule 15a-6(b)(4)(I), 17 C.F.R. 240.15a-6, adopted under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (0) Any other person, other than an individual, of institutional character with total assets in excess of $10 million not organized for the specific purpose of evading this chapter; or (P) Any other person specified by rule adopted or order issued under this chapter. (14) 'Insurance company' means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state. (15) 'Insured' means insured as to payment of all principal and all interest. (16) 'International banking institution' means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq. ( 17) 'Investment adviser' means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities. The term includes a financial planner or other person that, as an integral component ofother financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. The term does not include: (A) An investment adviser representative; (B) A lawyer, accountant, engineer, or teacher whose performance of investment advice is solely incidental to the practice of the person's profession; (C) A broker-dealer or its agents whose performance of investment advice is solely incidental to the conduct of business as a broker-dealer and that does not receive special compensation for the investment advice; (D) A publisher of a bona fide newspaper, news magazine, or business or financial publication of general and regular circulation; (E) A federal covered investment adviser; (F) A bank or savings institution; (G) A credit union; (H) Any other person that is excluded by the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., from the definition of investment adviser; or (I) Any other person excluded by rule adopted or order issued under this chapter. (18) 'Investment Adviser Registration Depository' means an electronic filing system that facilitates investment adviser registration, regulatory review, and the public disclosure

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information of investment adviser firms. ( 19) 'Investment adviser representative' means an individual employed by or associated with an investment adviser or federal covered investment adviser who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which recommendation or advice regarding securities should be given, provides investment advice or holds herself or himself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. The term does not include an individual who:
(A) Performs only clerical or ministerial acts; (B) Is an agent whose performance of investment advice is solely incidental to the individual acting as an agent and who does not receive special compensation for investment advisory services; (C) Is employed by or associated with a federal covered investment adviser, unless the individual has a place of business in this state as that term is defined by rule adopted under Section 203A ofthe Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a, and is:
(i) An investment adviser representative as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a; or (ii) Not a supervised person as that term is defined in Section 202(a)(25) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(25); or (D) Is excluded by rule adopted or order issued under this chapter. (20) 'Issuer' means a person that issues or proposes to issue a security, subject to the following: (A) The issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security, or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of depositor or manager pursuant to the trust or other agreement or instrument under which the security is issued; (B) The issuer of an equipment trust certificate or similar security serving the same purpose is the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for assuring payment of the certificate; or (C) The issuer of a fractional undivided interest in an oil, gas, or other mineral lease or in payments out of production under a lease, right, or royalty is the owner of an interest in the lease or in payments out of production under a lease, right, or royalty, whether whole or fractional, that creates fractional interests for the purpose of sale. (21) 'Nonissuer transaction' or 'nonissuer distribution' means a transaction or distribution not directly or indirectly for the benefit of the issuer. (22) 'Offer to purchase' includes an attempt or offer to obtain or solicitation of an offer to sell a security or interest in a security for value. The term does not include a tender

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offer that is subject to Section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78n(d). (23) 'Person' means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (24) 'Place of business' of a broker-dealer, an investment adviser, or a federal covered investment adviser means:
(A) An office at which the broker-dealer, investment adviser, or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients; or (B) Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser, or federal covered investment adviser provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients. (25) 'Predecessor Act' means Chapter 5 ofthis title, the 'Georgia Securities Act of 1973', as it existed immediately prior to the effective date of this chapter. (26) 'Price amendment' means the amendment to a registration statement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price. (27) 'Principal place of business' of a broker-dealer or an investment adviser means the executive office of the broker-dealer or investment adviser from which the officers, partners, or managers of the broker-dealer or investment adviser direct, control, and coordinate the activities of the broker-dealer or investment adviser. (28) 'Record,' except in the phrases 'of record,' 'official record,' and 'public record,' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (29) 'Sale' includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value. Offer to sell includes every attempt or offer to dispose of or solicitation of an offer to purchase a security or interest in a security for value. Both terms include: (A) A security given or delivered with or as a bonus on account of a purchase of securities or any other thing constituting part of the subject of the purchase and having been offered and sold for value; (B) A gift of assessable stock involving an offer and sale; and (C) A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and a sale or offer of a security that gives the holder a present or future right or privilege to convert the security into another security of the

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same or another issuer, including an offer of the other security. (30) 'Securities and Exchange Commission' means the United States Securities and Exchange Commission. (31) 'Security' means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a 'security'; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing. The term:
(A) Includes both a certificated and an uncertificated security; (B) Does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed or variable sum of money either in a lump sum or periodically for life or other specified period; (C) Does not include an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; (D) Includes as an investment contract an investment in a common enterprise with the expectation of profits to be derived primarily from the efforts of a person other than the investor where common enterprise means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a third party, or other investors; and (E) Includes as an investment contract, among other contracts, an interest in a limited partnership or a limited liability company and an investment in a viatica! settlement or similar agreement. (32) 'Self-regulatory organization' means a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a national securities association of broker-dealers registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or the Municipal Securities Rulemaking Board established under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq. (33) 'Sign' means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach or logically associate with the record an electronic symbol, sound, or process.

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(34) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

10-5-3. Any citation in this chapter to a section of the United States Code includes those statutes and the rules and regulations adopted under those statutes as in effect on the date of enactment of this chapter, or as later amended.

I 0-5-4. A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department.

10-5-5. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 700 I, et seq., but does not modify, limit, or supersede Section IOI(c) of that act, 15 U.S.C. Section 700l(c), or authorize electronic delivery of any of the notices described in Section I03(b) of that act, 15 U.S.C. Section 7003(b). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with Section I04(a) of that act, 15 U.S.C. Section 7004(a).

ARTICLE 2

10-5-10. The following securities are exempt from the requirements of Article 3 of this chapter and Code Section I 0-5-53:
(I) A security, including a revenue obligation or a separate security as defined in Rule 131, 17 C.F.R. 230.131, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., issued, insured, or guaranteed by the United States; by a state; by a political subdivision of a state; by a public authority, agency, or instrumentality of one or more states; by a political subdivision of one or more states; or by a person controlled or supervised by and acting as an instrumentality of the United States under authority granted by the Congress or a certificate of deposit for any of the foregoing; (2) A security issued, insured, or guaranteed by a foreign government with which the United States maintains diplomatic relations, or any of its political subdivisions, if the security is recognized as a valid obligation by the issuer, insurer, or guarantor; (3) A security issued by and representing or that will represent an interest in or a direct obligation of or be guaranteed by:
(A) An international banking institution; (B) A banking institution organized under the laws of the United States; a member

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bank of the Federal Reserve System; or a depository institution a substantial portion of the business of which consists or will consist of receiving deposits or share accounts that are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law or exercising fiduciary powers that are similar to those permitted for national banks under the authority of the Comptroller of Currency pursuant to Section 1 ofP. L. 87-722, 12 U.S.C. Section 92a; or (C) Any other depository institution, unless by rule or order the Commissioner proceeds under Code Section 10-5-13; (4) A security issued by and representing an interest in, or a debt of, or insured or guaranteed by, an insurance company authorized to do business in this state; (5) A security issued or guaranteed by a railroad, other common carrier, public utility, or public utility holding company that is: (A) Regulated in respect to its rates and charges by the United States or a state; (B) Regulated in respect to the issuance or guarantee of the security by the United States, a state, Canada, or a Canadian province or territory; or (C) A public utility holding company registered under the Public Utility Holding Company Act of 1935 or a subsidiary of such a registered holding company within the meaning of that act; (6) A federal covered security specified in Section 18(b)(I) ofthe Securities Act of 1933, 15 U.S.C. Section 77r(b)(l), or by rule adopted under that provision or a security listed or approved for listing on another securities market specified by rule under this chapter; a put or a call option contract; a warrant; a subscription right on or with respect to such securities; or an option or similar derivative security on a security or an index of securities or foreign currencies issued by a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., and listed or designated for trading on a national securities exchange, a facility of a national securities exchange, or a facility of a national securities association registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., or an offer or sale of the underlying security in connection with the offer, sale, or exercise of an option or other security that was exempt when the option or other security was written or issued; or an option or a derivative security designated by the Securities and Exchange Commission under Section 9(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78i(b); (7) A security issued by a person organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, social, athletic, or reformatory purposes or as a chamber of commerce and not for pecuniary profit, no part of the net earnings of which inures to the benefit of a private stockholder or other person; or a security of a company that is excluded from the definition of an investment company under Section 3(c)(IO)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b-3(c)(IO)(B); except that with respect to the offer or sale of a note, bond, debenture, or other evidence of indebtedness issued by such a person, a rule may be adopted under this chapter

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limiting the availability of this exemption by classifying secunties, persons, and transactions, imposing different requirements for different classes, specifying with respect to Section 3(c)(IO)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b-3(c)(lO)(B), the scope of the exemption and the grounds for denial or suspension, and requiring an issuer:
(A) To file a notice specifying the material terms of the proposed offer or sale and copies of any proposed sales and advertising literature to be used and provide that the exemption becomes effective if the Commissioner does not disallow the exemption within the period established by the rule; (B) To file a request for exemption authorization for which a rule under this chapter may specify the scope of the exemption, the requirement of an offering statement, the filing of sales and advertising literature, the filing of consent to service of process complying with Code Section 10-5-80, and grounds for denial or suspension of the exemption; or (C) To register under Code Section 10-5-23; (8) A member's or owner's interest in, retention certificate, or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of a state, but not a member's or owner's interest, retention certificate, or like security sold to persons other than bona fide members of the cooperative; and (9) An equipment trust certificate with respect to equipment leased or conditionally sold to a person if any security issued by the person would be exempt under this Code section or would be a federal covered security under Section 18(b)(I) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(l).

10-5-11. The following transactions are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53:
(I) An isolated nonissuer transaction, whether effected by or through a broker-dealer or not; (2) A nonissuer transaction by or through a broker-dealer registered, or exempt from registration under this chapter, and a resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-l, et seq., in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, at the date of the transaction:
(A) The issuer of the security is engaged in business, the issuer is not in the organizational stage or in bankruptcy or receivership, and the issuer is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; (B) The security is sold at a price reasonably related to its current market price;

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(C) The security does not constitute the whole or part of an unsold allotment to or a subscription or participation by the broker-dealer as an underwriter of the security or a redistribution; (D) A nationally recognized securities manual or its electronic equivalent designated by rule adopted or order issued under this chapter or a record filed with the Securities and Exchange Commission that is publicly available contains:
(i) A description of the business and operations of the issuer; (ii) The names of the issuer's executive officers and the names of the issuer's directors, if any; (iii) An audited balance sheet of the issuer as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; and (iv) An audited income statement for each of the issuer's two immediately previous fiscal years or for the period of existence of the issuer, whichever is shorter, or, in the case of a reorganization or merger when each party to the reorganization or merger had an audited income statement, a pro forma income statement; and (E) The issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or designated for trading on the National Association of Securities Dealers Automated Quotation System, unless the issuer of the security is a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-l, et seq.; or the issuer of the security, including its predecessors, has been engaged in continuous business for at least three years; or the issuer of the security has total assets of at least $2 million based on an audited balance sheet as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; (3) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors ofthe Federal Reserve System; (4) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78m or 78o(d); (5) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security that: (A) Is rated at the time of the transaction by a nationally recognized statistical rating organization in one of its four highest rating categories; or

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(B) Has a fixed maturity or a fixed interest or dividend if: (i) A default has not occurred during the current fiscal year or within the three previous fiscal years or during the existence of the issuer and any predecessor, ifless than three fiscal years, in the payment of principal, interest, or dividends on the security; and (ii) The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not and has not been within the previous 12 months a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with or an acquisition of an unidentified person;
(6) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter effecting an unsolicited order or offer to purchase; (7) A nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter; (8) A nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100 million acting in the exercise of discretionary authority in a signed record for the account of others; (9) A transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims, or property interests, or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the Commissioner after a hearing; (1 0) A transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters; (II) A transaction in a note, bond, debenture, or other evidence of indebtedness secured by a mortgage or other security agreement if:
(A) The note, bond, debenture, or other evidence of indebtedness is offered and sold with the mortgage or other security agreement as a unit; (B) A general solicitation or general advertisement ofthe transaction is not made; and (C) A commission or other remuneration is not paid or given, directly or indirectly, to a person not registered under this chapter as a broker-dealer or as an agent; (12) A transaction by an executor, commissioner of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator; (13) A sale or offer to sell to: (A) An institutional investor; (B) A federal covered investment adviser; or (C) Any other person exempted by rule adopted or order issued under this chapter; (14) A sale or an offer to sell securities of an issuer if part of a single issue in which: (A) Not more than 15 purchasers are present in this state during any 12 consecutive months, other than those designated in paragraph (13) of this Code section; (B) A general solicitation or general advertising is not made in connection with the

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offer to sell or sale of the securities; (C) A commission or other remuneration is not paid or given, directly or indirectly, to any person for soliciting a prospective purchaser in this state; and (D) The issuer reasonably believes that all the purchasers in this state, other than those designated in paragraph (13) of this Code section, are purchasing for investment; (15) A transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options, or warrants if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this state; (16) An offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration or offering statement or similar record as required under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., has been filed but is not effective, or the offer is made in compliance with Rule 165, 17 C.F .R. 230.165. adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (B) A stop order of which the offeror is aware has not been issued against the offeror by the Commissioner or the Securities and Exchange Commission, and an audit, inspection, or proceeding that is public and that may culminate in a stop order is not known by the offeror to be pending; (17) An offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration statement has been filed under this chapter but is not effective; (B) A solicitation of interest is provided in a record to offerees in compliance with a rule adopted by the Commissioner under this chapter; and (C) A stop order of which the offeror is aware has not been issued by the Commissioner under this chapter, and an audit, inspection, or proceeding that may culminate in a stop order is not known by the offeror to be pending; (18) A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets, or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties; (19) A rescission offer, sale, or purchase under Code Section 10-5-59; (20) An offer or sale of a security to a person not a resident of this state and not present in this state if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter; (21) Employees' stock purchase, savings, option, profit-sharing, pension, or similar employees' benefit plan, including any securities, plan interests, and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, and established by the issuer, its parents, its majority-owned subsidiaries, or the majority-owned subsidiaries ofthe issuer's parent for the participation oftheir employees

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including offers or sales of such securities to: (A) Directors; general partners; trustees, if the issuer is a business trust; officers; consultants; and advisers; (B) Family members who acquire such securities from those persons through gifts or domestic relations orders; (C) Former employees, directors, general partners, trustees, officers, consultants, and advisers if those individuals were employed by or providing services to the issuer when the securities were offered; and (D) Insurance agents who are exclusive insurance agents of the issuer or the issuer's subsidiaries or parents or who derive more than 50 percent of their annual income from those organizations;
(22) A transaction involving: (A) A stock dividend or equivalent equity distribution, whether the corporation or other business organization distributing the dividend or equivalent equity distribution is the issuer or not, if nothing of value is given by stockholders or other equity holders for the dividend or equivalent equity distribution other than the surrender of a right to a cash or property dividend if each stockholder or other equity holder may elect to take the dividend or equivalent equity distribution in cash, property, or stock; (B) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests or partly in such exchange and partly for cash; or (C) The solicitation of tenders of securities by an offeror in a tender offer in compliance with Rule 162, 17 C.F.R. 230.162, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and
(23) A nonissuer transaction in an outstanding security by or through a broker-dealer registered or exempt from registration under this chapter if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or order issued under this chapter; has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdictions securities exchange that has been designated by this paragraph or by rule adopted or order issued under this chapter or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any ofthe foregoing. For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and The Toronto Stock Exchange, Inc., is a designated securities exchange. After an administrative hearing in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Commissioner, by rule adopted or order issued under this chapter, may revoke the designation of a securities exchange under this paragraph, if the Commissioner finds that revocation is necessary or appropriate in the public interest and for the protection of investors.

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10-5-12. A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule adopted under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of Article 3 of this chapter and Code Section 10-5-53; and an order issued under this chapter may waive, in whole or in part, any or all of the conditions for an exemption or offer under Code Sections I0-5-10 and 10-5-11.

10-5-13. (a) Except with respect to a federal covered security or a transaction involving a federal covered security, an order issued under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under subparagraph (C) of paragraph (3) or paragraph (7) or (8) of Code Section 10-5-10 or under Code Section 10-5-11 or an exemption or waiver created under Code Section 10-5-12 with respect to a specific security, transaction, or offer. An order issued under this Code section may be issued only pursuant to the procedures in subsection (d) of Code Section I0-5-25 or 10-5-73 and only prospectively. (b) A person does not violate Code Section 10-5-20, 10-5-22 through 10-5-25, 10-5-53, or 10-5-59 by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order.

ARTICLE 3

I 0-5-20. It is unlawful for a person to offer or sell a security in this state unless:
(1) The security is a federal covered security; (2) The security, transaction, or offer is exempted from registration under Code Sections 10-5-10 through I 0-5-12; or (3) The security is registered under this chapter.

I 0-5-21. (a) With respect to a federal covered security, as defined in Section 18(b)(2) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(2), that is not otherwise exempt under Code Sections I0-5-10 through I0-5-12, a rule adopted or order issued under this chapter may require the filing of any or all of the following records:
(I) Before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., and a consent to service of process complying with Code Section 10-5-80 signed by the issuer and the payment of a fee of $250.00; (2) After the initial offer of the federal covered security in this state, all records that are

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part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (3) To the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state, ifthe sales data are not included in records filed with the Securities and Exchange Commission and payment of a fee of $250.00. (b) A notice filing under subsection (a) of this Code section is effective for one year commencing on the later of the notice filing or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule adopted or order issued under this chapter to be filed and by paying a renewal fee of $100.00. A previously filed consent to service of process complying with Code Section I0-5-80 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed. (c) With respect to a security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(4)(D), a rule adopted under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with Code Section I0-5-80 signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee of $250.00. (d) Except with respect to a federal security under Section 181 (b)( I) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(l), if the Commissioner finds that there is a failure to comply with a notice or fee requirement of this Code section, the Commissioner may issue a stop order suspending the offer and sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the Commissioner.

I 0-5-22. (a) A security for which a registration statement has been filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., in connection with the same offering may be registered by coordination under this Code section. (b) A registration statement and accompanying records under this Code section must contain or be accompanied by the following records in addition to the information specified in Code Section l 0-5-24 and a consent to service of process complying with Code Section I 0-5-80:
(I) A copy of the latest form of prospectus filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; (2) A copy of the articles of incorporation and bylaws or their substantial equivalents

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currently in effect; a copy of any agreement with or among underwriters; a copy of any indenture or other instrument governing the issuance ofthe security to be registered; and a specimen, copy, or description of the security that is required by rule adopted or order issued under this chapter; (3) Copies of any other information or any other records filed by the issuer under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., requested by the Commissioner; and (4) An undertaking to forward each amendment to the federal prospectus, other than an amendment that delays the effective date of the registration statement, promptly after it is filed with the Securities and Exchange Commission. (c) A registration statement under this Code section becomes effective simultaneously with or subsequent to the federal registration statement when all the following conditions are satisfied: (I) A stop order issued under subsection (d) of this Code section or Code Section 10-5-25 or issued by the Securities and Exchange Commission is not in effect and a proceeding is not pending against the issuer under Code Section 10-5-41; and (2) The registration statement has been on file for at least 20 days or a shorter period provided by rule adopted or order issued under this chapter. (d) The registrant shall promptly notify the Commissioner in a record ofthe date when the federal registration statement becomes effective and the content of any price amendment and shall promptly file a record containing the price amendment. If the notice is not timely received, the Commissioner may issue a stop order, without prior notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this Code section. The Commissioner shall promptly notify the registrant ofan order by telephone or electronic means and promptly confirm this notice by a record. Ifthe registrant subsequently complies with the notice requirements of this Code section, the stop order is void as of the date of its issuance. (e) If the federal registration statement becomes effective before each of the conditions in this Code section is satisfied or is waived by the Commissioner, the registration statement is automatically effective under this chapter when all the conditions are satisfied or waived. If the registrant notifies the Commissioner of the date when the federal registration statement is expected to become effective, the Commissioner shall promptly notify the registrant by telephone or electronic means and promptly confirm this notice by a record, indicating whether all the conditions are satisfied or waived and whether the Commissioner intends the institution of a proceeding under Code Section 10-5-25. The notice by the Commissioner does not preclude the institution of such a proceeding.

10-5-23. (a) A security may be registered by qualification under this Code section. (b) A registration statement under this Code section must contain the information or records specified in Code Section 10-5-24, a consent to service of process complying with

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Code Section 10-5-80, and, if required by rule adopted under this chapter, the following information or records:
(1) With respect to the issuer and any significant subsidiary, its name, address, and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged; (2) With respect to each director and officer of the issuer and other person having a similar status or performing similar functions, the person's name, address, and principal occupation for the previous five years; the amount of securities of the issuer held by the person as of the thirtieth day before the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest of the person in any material transaction with the issuer or a significant subsidiary effected within the previous three years or proposed to be effected; (3) With respect to persons covered by paragraph (2) of this subsection, the aggregate sum of the remuneration paid to those persons during the previous 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer and all predecessors, parents, subsidiaries, and affiliates of the issuer; (4) With respect to a person owning of record or owning beneficially, if known, 10 percent or more of the outstanding shares of any class of equity security ofthe issuer, the information specified in paragraph (2) of this subsection other than the person's occupation; (5) With respect to a promoter, if the issuer was organized within the previous three years, the information or records specified in paragraph (2) of this subsection, any amount paid to the promoter within that period or intended to be paid to the promoter and the consideration for the payment; (6) With respect to a person on whose behalf any part of the offering is to be made in a nonissuer distribution, the person's name and address; the amount of securities of the issuer held by the person as of the date of the filing of the registration statement; a description of any material interest of the person in any material transaction with the issuer or any significant subsidiary effected within the previous three years or proposed to be effected; and a statement of the reasons for making the offering; (7) The capitalization and long term debt, on both a current and pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, good will, or anything else of value, for which the issuer or any subsidiary has issued its securities within the previous two years or is obligated to issue its securities; (8) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation at which a proportion of the offering

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is to be made to a person or class of persons other than the underwriters, with a specification of the person or class; the basis on which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees, including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of each underwriter and each recipient of a finder's fee; a copy of any underwriting or selling group agreement under which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities that are to be offered otherwise than through an underwriter; (9) The estimated monetary proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the estimated amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is to be used to acquire property, including good will, otherwise than in the ordinary course of business, the names and addresses ofthe vendors, the purchase price, the names of any persons that have received commissions in connection with the acquisition, and the amounts of the commissions and other expenses in connection with the acquisition, including the cost of borrowing money to finance the acquisition; (I 0) A description of any stock options or other security options outstanding or to be created in connection with the offering and the amount of those options held or to be held by each person required to be named in paragraph (2), (4), (5), (6), or (8) of this subsection and by any person that holds or will hold I0 percent or more in the aggregate of those options; (II) The dates of, parties to, and general effect concisely stated of each managerial or other material contract made or to be made otherwise than in the ordinary course of business to be performed in whole or in part at or after the filing of the registration statement or that was made within the previous two years and a copy of the contract; ( 12) A description of any pending litigation, action, or proceeding to which the issuer is a party and that materially affects its business or assets and any litigation, action, or proceeding known to be contemplated by governmental authorities; (13) A copy of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature intended as of the effective date to be used in connection with the offering and any solicitation of interest used in compliance with subparagraph (B) of paragraph (17) of Code Section I 0-5-11; (14) A specimen or copy of the security being registered, unless the security is uncertificated; a copy of the issuer's articles of incorporation and bylaws or thei1

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substantial equivalents, in effect; and a copy of any indenture or other instrument covering the security to be registered; (15) A signed or conformed copy of an opinion of counsel concerning the legality of the security being registered, with an English translation if it is in a language other than English, which states whether the security when sold will be validly issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer; (16) A signed or conformed copy of a consent of any accountant, engineer, appraiser, or other person whose profession gives authority for a statement made by the person if the person is named as having prepared or certified a public report or valuation, other than an official record, which is used in connection with the registration statement; ( 17) A balance sheet of the issuer as of a date within four months before the filing of the registration statement; a statement of income and changes in financial position for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the immediately previous fiscal year and the date of the balance sheet or for the period of the issuer's and any predecessor's existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of a business, the financial statements that would be required if that business were the registrant; and ( 18) Any additional information or records required by rule adopted or order issued under this chapter. (c) A registration statement under this Code section becomes effective 30 days after the date the registration statement or the last amendment other than a price amendment is filed, unless any shorter period is provided by a rule adopted or order issued under this chapter, if: (I) A stop order is not in effect and a proceeding is not pending under Code Section 10-5-25; (2) The Commissioner has not issued an order under Code Section 10-5-25 delaying effectiveness; and (3) The applicant or registrant has not requested that effectiveness be delayed. (d) The Commissioner may delay effectiveness once for not more than 90 days if the Commissioner determines the registration statement is not complete in all material respects and promptly notifies the applicant or registrant of that determination. The Commissioner may also delay effectiveness for a further period of not more than 30 days if the Commissioner determines that the delay is necessary or appropriate. (e) A rule adopted or order issued under this chapter may require as a condition of registration under this Code section that a prospectus containing a specified part of the information or record specified in subsection (b) of this Code section be sent or given to each person to which an offer is made before or concurrently with the earliest of: (1) The first offer made in a record to the person, otherwise than by means of a public advertisement, by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer that js offering part of an

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unsold allotment or subscription taken by the person as a participant in the distribution; (2) The confirmation of a sale made by or for the account of the person; (3) Payment pursuant to such a sale; or (4) Delivery of the security pursuant to such a sale.

I 0-5-24. (a) A registration statement may be filed by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter. (b) If a registration statement is withdrawn before the effective date or a pre-effective stop order is issued under Code Section 10-5-25, the Commissioner shall retain the fee. (c) A registration statement filed under Code Section 10-5-22 or 10-5-23 must specify:
(1) The amount of securities to be offered in this state; (2) The states in which a registration statement or similar record in connection with the offering has been or is to be filed; and (3) Any adverse order, judgment, or decree issued in connection with the offering by a state securities administrator, the Securities and Exchange Commission, or a court. (d) A record filed under this chapter or the predecessor Act within five years preceding the filing of a registration statement may be incorporated by reference in the registration statement to the extent that the record is currently accurate. (e) In the case of a nonissuer distribution, information or a record shall not be required under subsection (i) ofthis Code section or under Code Section I0-5-23, unless it is known to the person filing the registration statement or to the person on whose behalf the distribution is to be made or unless it can be furnished by those persons without unreasonable effort or expense. (f) A rule adopted or order issued under this chapter may require as a condition of registration that a security issued within the previous five years or to be issued to a promoter for a consideration substantially less than the public offering price or to a person for a consideration other than cash be deposited in escrow; and that the proceeds from the sale ofthe registered security in this state be impounded until the issuer receives a specified amount from the sale of the security either in this state or elsewhere. The conditions ofany escrow or impoundment required under this subsection may be established by rule adopted or order issued under this chapter, but the Commissioner may not reject a depository institution solely because of its location in another state. (g) A rule adopted or order issued under this chapter may require as a condition of registration that a security registered under this chapter be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed under this chapter or preserved for a period specified by the rule or order, which may not be longer than five years. (h) Except while a stop order is in effect under Code Section 10-5-25, a registration statement is effective for one year after its effective date or for any longer period designated in an order under this chapter during which the security is being offered or

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distributed in a nonexempted transaction by or for the account of the issuer or other person on whose behalf the offering is being made or by an underwriter or broker-dealer that is still offering part of an unsold allotment or subscription taken as a participant in the distribution. For the purposes of a nonissuer transaction, all outstanding securities of the same class identified in the registration statement as a security registered under this chapter are considered to be registered while the registration statement is effective. If any securities ofthe same class are outstanding, a registration statement may not be withdrawn until one year after its effective date. A registration statement may be withdrawn only with the approval of the Commissioner. (i) While a registration statement is effective, a rule adopted or order issued under this chapter may require the person that filed the registration statement to file reports, not more often than quarterly, to keep the information or other record in the registration statement reasonably current, and to disclose the progress of the offering. (j) A registration statement may be amended after its effective date. The post-effective amendment becomes effective when the Commissioner so orders. A post-effective amendment relates back to the date of the offering of the additional securities being registered if, within one year after the date of the sale, the amendment is filed and the additional registration fee is paid.

10-5-25. (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the Commissioner finds that the order is in the public interest and that:
(1) The registration statement as of its effective date or before the effective date in the case of an order denying effectiveness, an amendment under subsection (j) of Code Section I0-5-24 as of its effective date, or a report under subsection (i) of Code Section I0-5-24 is incomplete in a material respect or contains a statement that, in the light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) This chapter or a rule adopted or order issued under this chapter or a condition imposed under this chapter has been willfully violated, in connection with the offering, by the person filing the registration statement; by the issuer, a partner, officer, or director of the issuer or a person having a similar status or performing a similar function; by a promoter of the issuer; or by a person directly or indirectly controlling or controlled by the issuer but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or by an underwriter; (3) The security registered or sought to be registered is the subject of a permanent or temporary injunction of a court of competent jurisdiction or an administrative stop order or similar order issued under any federal, foreign, or state law other than this chapter applicable to the offering, but the Commissioner may not institute a proceeding against an effective registration statement under this paragraph more than one year after the date

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of the order or injunction on which it is based, and the Commissioner may not issue an order under this paragraph on the basis of an order or injunction issued under the securities act of another state unless the order or injunction was based on conduct that would constitute, as of the date of the order, a ground for a stop order under this Code section; (4) The issuer's enterprise or method ofbusiness includes or would include activities that are unlawful where performed; (5) With respect to a security sought to be registered under Code Section 10-5-22, there has been a failure to comply with the undertaking required by paragraph (4) of subsection (b) of said Code section; (6) The applicant or registrant has not paid the filing fee, but the Commissioner shall void the order if the deficiency is corrected; or (7) The offering:
(A) Will work or tend to work a fraud upon purchasers or would so operate; or (B) Has been or would be made with unreasonable amounts of underwriters' and sellers' discounts, commissions, or other compensation or promoters' profits or participations or unreasonable amounts or kinds of options; or (C) Is being made on terms that are unfair, unjust, or inequitable. (b) To the extent practicable, the Commissioner by rule adopted or order issued under this chapter shall publish standards that provide notice of conduct that violates paragraph (7) of subsection (a) of this Code section. (c) The Commissioner may not institute a stop order proceeding against an effective registration statement on the basis of conduct or a transaction known to the Commissioner when the registration statement became effective unless the proceeding is instituted within 30 days after the registration statement became effective. (d) The Commissioner may summarily revoke, deny, postpone, or suspend the effectiveness of a registration statement pending final determination of an administrative proceeding. Upon the issuance of the order, the Commissioner shall promptly notify each person specified in subsection (e) of this Code section that the order has been issued, the reasons for the revocation, denial, postponement, or suspension, and that within 30 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing for each person subject to the order, may modify or vacate the order or extend the order until final determination. (e) A stop order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be or have been offered; (2) An opportunity for hearing; and (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of

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Title 50, the 'Georgia Administrative Procedure Act.' (f) The Commissioner may modify or vacate a stop order issued under this Code section if the Commissioner finds that the conditions that caused its issuance have changed or that it is necessary or appropriate in the public interest or for the protection of investors.

10-5-26. The Commissioner may waive or modify, in whole or in part, any or all ofthe requirements of Code Sections 10-5-21, I0-5-22, and subsection (b) of Code Section 10-5-23 or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to subsection (i) of Code Section 10-5-24.

ARTICLE4

I 0-5-30. (a) It is unlawful for a person to transact business in this state as a broker-dealer unless the person is registered under this chapter as a broker-dealer or is exempt from registration as a broker-dealer under subsection (b) or (d) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section:
(1) A broker-dealer without a place of business in this state if its only transactions effected in this state are with:
(A) The issuer of the securities involved in the transactions; (B) A person registered as a broker-dealer under this chapter or not required to be registered as a broker-dealer under this chapter; (C) An institutional investor; (D) A nonaffiliated federal covered investment adviser with investments under management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (E) A bona fide preexisting customer whose principal place of residence is not in this state and the person is registered as a broker-dealer under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the customer maintains a principal place of residence; (F) A bona fide preexisting customer whose principal place of residence is in this state but was not present in this state when the customer relationship was established, if:
(i) The broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities laws of the state in which the customer relationship was established and where the customer had maintained a principal place of residence; and

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(ii) Within 45 days after the customer's first transaction in this state, the person files an application for registration as a broker-dealer in this state and a further transaction is not effected more than 75 days after the date on which the application is filed, or, if earlier, the date on which the Commissioner notifies the person that the Commissioner has denied the application for registration or has stayed the pendency of the application for good cause; (G) Not more than three customers in this state during the previous 12 months, in addition to those customers specified in subparagraphs (A) through (F) and subparagraph (H) of this paragraph, if the broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the broker-dealer has its principal place of business; and (H) Any other person exempted by rule adopted or order issued under this chapter; and (2) A person that deals solely in United States government securities and is supervised as a dealer in government securities by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision. (c) It is unlawful for a broker-dealer or for an issuer engaged in offering, offering to purchase, purchasing, or selling securities in this state, directly or indirectly, to employ or associate with an individual to engage in an activity related to securities transactions in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with a broker-dealer, an issuer, an investment adviser, or a federal covered investment adviser by an order of the Commissioner under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. A broker-dealer or issuer does not violate this subsection if the broker-dealer or issuer did not know and in the exercise of reasonable care could not have known of the suspension, revocation, or bar. Upon request from a broker-dealer or issuer and for good cause, an order under this chapter may modify or waive, in whole or in part, the application of the prohibitions of this subsection to the broker-dealer. (d) A rule adopted or order issued under this chapter may permit: (I) A broker-dealer that is registered in Canada or other foreign jurisdiction and that does not have a place of business in this state to effect transactions in securities with or for or attempt to effect the purchase or sale of any securities by: (A) An individual from Canada or other foreign jurisdiction who is temporarily present in this state and with whom the broker-dealer had a bona fide customer relationship before the individual entered the United States; (B) An individual from Canada or other foreign jurisdiction who is present in this state and whose transactions are in a self-directed tax advantaged retirement plan of which the individual is the holder or contributor in that foreign jurisdiction; or (C) An individual who is present in this state, with whom the broker-dealer customer

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relationship arose while the individual was temporarily or permanently resident in Canada or the other foreign jurisdiction; and (2) An agent who represents a broker-dealer that is exempt under this subsection to effect transactions in securities or attempt to effect the purchase or sale of securities in this state as permitted for a broker-dealer described in paragraph (1) of this subsection.

10-5-31. (a} It is unlawful for an individual to transact business in this state as an agent unless the individual is registered under this chapter as an agent or is exempt from registration as an agent under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a} of this Code section:
(I) An individual who represents a broker-dealer in effecting transactions in this state limited to those described in Section 15(h)(2) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78(h)(2); (2) An individual who represents a broker-dealer that is exempt under subsection (b) or (d) of Code Section 10-5-30; (3) An individual who represents an issuer with respect to an offer or sale of the issuer's own securities or those ofthe issuer's parent or any of the issuer's subsidiaries and who is not compensated in connection with the individual's participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (4) An individual who represents an issuer and who effects transactions in the issuer's securities exempted by Code Section 10-5-11, with the exception of paragraphs (II) and (14) of that Code section; (5) An individual who represents an issuer that effects transactions solely in federal covered securities of the issuer, but an individual who effects transactions in a federal covered security under Section 18(b)(3) or 18(b}(4}(0} of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(3) or 77r(b)(4)(D}, is not exempt if the individual is compensated in connection with the agent's participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (6) An individual who represents a broker-dealer registered in this state under subsection (a) of Code Section I0-5-30 or exempt from registration under subsection (b) of Code Section 10-5-30 in the offer and sale of securities for an account of a nonaffiliated federal covered investment adviser with investments under management in excess of$1 00 million acting for the account of others pursuant to discretionary authority in a signed record; (7) An individual who represents an issuer in connection with the purchase of the issuer's own securities; (8) An individual who represents an issuer and who restricts participation to performing clerical or ministerial acts; or

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(9) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an agent is effective only while the agent is employed by or associated with a broker-dealer registered under this chapter or an issuer that is offering, selling, or purchasing its securities in this state. (d) It is unlawful for a broker-dealer or an issuer engaged in offering, selling, or purchasing securities in this state to employ or associate with an agent who transacts business in this state on behalf of broker-dealers or issuers unless the agent is registered under subsection (a) of this Code section or exempt from registration under subsection (b) of this Code section. (e) An individual may not act as an agent for more than one broker-dealer or one issuer at a time, unless the broker-dealers and the issuers for which the agent acts are affiliated by direct or indirect common control or are authorized by rule adopted or order issued under this chapter.

I 0-5-32. (a) It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section:
(I) A person without a place of business in this state that is registered under the securities act of the state in which the person has its principal place ofbusiness if its only clients in this state are:
(A) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state if the investment adviser is registered under the securities act of the state in which the clients maintain principal places of residence; or (D) Any other client exempted by rule adopted or order issued under this chapter; (2) A person without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (I) of this subsection; or (3) Any other person exempted by rule adopted or order issued under this chapter. (c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation,

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or bar. Upon request from the investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser. (d) It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this state on behalf ofthe investment adviser unless the individual is registered under subsection (a) of Code Section 10-5-33 or is exempt from registration under subsection (b) of Code Section 10-5-33.

10-5-33. (a) It is unlawful for an individual to transact business in this state as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section:
(1) An individual who is employed by or associated with an investment adviser that is exempt from registration under subsection (b) of Code Section 10-5-32 or a federal covered investment adviser that is excluded from the notice filing requirements of Code Section 10-5-34; and (2) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an investment adviser representative is not effective while the investment adviser representative is not employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under Code Section 10-5-34. (d) An individual may transact business as an investment adviser representative for more than one investment adviser or federal covered investment adviser unless a rule adopted or order issued under this chapter prohibits or limits an individual from acting as an investment adviser representative for more than one investment adviser or federal covered investment adviser. (e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this state on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended orrevoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. (f) An investment adviser registered under this chapter, a federal covered investment adviser that has filed a notice under Code Section 10-5-34, or a broker-dealer registered

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under this chapter is not required to employ or associate with an individual as an investment adviser representative if the only compensation paid to the individual for a referral of investment advisory clients is paid to an investment adviser registered under this chapter, a federal covered investment adviser who has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter with which the individual is employed or associated as an investment adviser representative.

I 0-5-34. (a) Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c) of this Code section. (b) The following federal covered investment advisers are not required to comply with subsection (c) of this Code section:
(1) A federal covered investment adviser without a place of business in this state if its only clients in this state are:
(A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state; or (D) Other clients specified by rule adopted or order issued under this chapter; (2) A federal covered investment adviser without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; and (3) Any other person excluded by rule adopted or order issued under this chapter. (c) A person acting as a federal covered investment adviser, not excluded under subsection (b) of this Code section, shall file a notice, a consent to service of process complying with Code Section 10-5-80 and such records as have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., required by rule adopted or order issued under this chapter and pay the fees specified in subsection (e) of Code Section 10-5-39. (d) The notice under subsection (c) of this Code section becomes effective upon its filing.

10-5-35. (a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with Code Section 10-5-80, and paying the fee specified in Code Section I0-5-39 and any reasonable fees charged by the Commissioner for processing the filing. The application must contain:

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(1) The information or records required for the filing ofa uniform application as required for applicants registering through the Central Registration Depository and the Investment Adviser Registration Depository, as applicable; and (2) Upon request by the Commissioner, any other financial or other information or record that the Commissioner determines is appropriate; (b)( I) Each individual filing an application to become a salesperson, limited salesperson, designated salesperson, investment adviser, federal covered adviser, or investment adviser representative shall be fingerprinted and have a criminal record check as required by this subsection. (2) Fingerprints shall be in such form and quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of the Commissioner, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau oflnvestigation, or the United States Department of Justice shall be paid by the applicant. (4) The Commissioner shall transmit two 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 Commissioner shall determine whether the applicant shall be licensed. If the applicant's fingerprints had been previously submitted for review to the Central Registration Depository in connection with federal or state licensing, the Commissioner may review and rely upon the criminal history reported pursuant thereto. (5) The Commissioner shall notify the applicant of his or her rights to challenge the accuracy and completeness of any information provided by the Georgia Crime Information Center or the National Crime Information Center. (6) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for those purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (7) Neither the Georgia Crime Information Center, the Commissioner, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of the information contained in the criminal background check nor incur any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this subsection. (8) The Commissioner shall be authorized to adopt rules and regulations necessary to implement the provisions of this subsection.

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(c) If the information or record contained in an application filed under subsection (a) of this Code section is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (d) If an order is not in effect and a proceeding is not pending under Code Section I 0-5-41, registration becomes effective at noon on the forty-fifth day after a completed application is filed unless the registration is denied. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application. (e) A registration is effective until midnight on December 3 I of the year for which the application for registration is filed. Unless an order is in effect under Code Section I0-5-41, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by paying the fee specified in Code Section I0-5-39, and by paying costs charged by the Commissioner for processing the filings. (f) A rule adopted or order issued under this chapter may impose such other conditions, not inconsistent with theNationa! Securities Markets Improvement Act of 1996, 15 U.S .C. Section 80b-l, et seq. An order issued under this chapter may waive, in whole or in part, such requirements in connection with registration as are in the public interest and for the protection of investors.

I 0-5-36. (a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser and a federal covered investment adviser may succeed to the current registration ofan investment adviser or notice filing of another federal covered investment adviser by filing as a successor an application for registration pursuant to Code Section I0-5-30 or I0-5-32 or a notice pursuant to Code Section I0-5-34 for the unexpired portion of the current registration or notice filing. (b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within 45 days after filing its amendment to effect succession. (c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective

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when filed or on a date designated by the registrant. (d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter.

10-5-37. (a) If an agent registered under this chapter terminates employment by or association with a broker-dealer or issuer or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser or federal covered investment adviser or if either registrant terminates activities that require registration as an agent or investment adviser representative, the broker-dealer, issuer, investment adviser or federal covered investment adviser shall promptly file a notice of termination. If the registrant learns that the broker-dealer, issuer, investment adviser, or federal covered investment adviser has not filed the notice, the registrant may do so. (b) If an agent registered under this chapter terminates employment by or association with a broker-dealer registered under this chapter and begins employment by or association with another broker-dealer registered under this chapter or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34 and begins employment by or association with another investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34, then upon the filing by or on behalf of the registrant, within 30 days after the termination, of an application for registration that complies with the requirement of subsection (a) of Code Section 10-5-35 and payment of the filing fee required under Code Section 10-5-39, the registration of the agent or investment adviser representative is:
(1) Immediately effective as of the date of the completed filin{if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record does not contain a new or amended disciplinary disclosure within the previous 12 months; or (2) Temporarily effective as of the date of the completed filing if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record contains a new or amended disciplinary disclosure within the preceding 12 months. (c) The Commissioner may withdraw a temporary registration if there are or were grounds for discipline as specified in Code Section 10-5-41 and the Commissioner does so within 30 days after the filing of the application. If the Commissioner does not withdraw the temporary registration within the 30 day period, registration becomes automatically effective on the thirty-first day after filing. (d) The Commissioner may prevent the effectiveness of a transfer of an agent or investment adviser representative under subsection (b) of this Code section based on the

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public interest and the protection of investors. (e) If the Commissioner determines that a registrant or applicant for registration is no longer in existence or has ceased to act as a broker-dealer, agent, investment adviser, or investment adviser representative or is the subject of an adjudication of incapacity or is subject to the control of a committee, conservator, or guardian or cannot reasonably be located, a rule adopted or order issued under this chapter may require the registration be canceled or terminated or the application denied. The Commissioner may reinstate a canceled or terminated registration, with or without hearing, and may make the registration retroactive.

I 0-5-38. Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The Commissioner may institute a revocation or suspension proceeding under Code Section 10-5-41 within one year after the withdrawal became effective automatically and issue a revocation or suspension order as of the last date on which registration was effective if a proceeding is not pending.

10-5-39. (a) A person shall pay a fee of $250.00 when initially filing an application for registration as a broker-dealer and a fee of $100.00 when filing a renewal of registration as a broker-dealer. Ifthe filing results in a denial or withdrawal, the Commissioner shall retain the fee. (b) The fee for an individual is $50.00 when filing an application for registration as an agent, $40.00 when filing a renewal of registration as an agent, and $30.00 when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (c) A person shall pay a fee of$250.00 when filing an application for registration as an investment adviser and a fee of $100.00 when filing a renewal of registration as an investment adviser. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (d) The fee for an individual is $250.00 when filing an application for registration as an investment adviser representative, a fee of $100.00 when filing a renewal of registration as an investment adviser representative, and a fee of $50.00 when filing a change of registration as an investment adviser representative. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (e) A federal covered investment adviser required to file a notice under Code Section

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10-5-34 shall pay an initial fee of $250.00 and an annual notice fee of $100.00. (f) A person required to pay a filing or notice fee under this Code section may transmit the fee through or to a designee as a rule adopted or order issued provides under this chapter. (g) An investment adviser representative who is registered as an agent under Code Section 10-5-31 and who represents a person that is both registered as a broker-dealer under Code Section 10-5-30 and registered as an investment adviser under Code Section 10-5-32 or required as a federal covered investment adviser to make a notice filing under Code Section I0-5-34 is not required to pay an initial or annual registration fee for registration as an investment adviser representative.

10-5-40. (a) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a rule adopted or order issued under this chapter may establish minimum financial requirements for broker-dealers registered or required to be registered under this chapter and investment advisers registered or required to be registered under this chapter. (b) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222(b) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall file such financial reports, if any, as are required by a rule adopted or order issued under this chapter. If the information contained in a record filed under this subsection is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22:
(I) A broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall make and maintain the accounts, correspondence, memoranda, papers, books, and other records required by rule adopted or order issued under this chapter; (2) Broker-dealer records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage acceptable under Section 17(a) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78q(a), if they are readily accessible to the Commissioner; and (3) Investment adviser records required to be maintained under paragraph (I) of this subsection may be maintained in any form of data storage required by rule adopted or order issued under this chapter. (d) The records of a broker-dealer registered or required to be registered under this chapter and of an investment adviser registered or required to be registered under this chapter are subject to such reasonable, periodic, special, or other audits or inspections by a representative of the Commissioner, inside or outside this state, as the Commissioner

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considers necessary or appropriate in the public interest and for the protection of investors. An audit or inspection may be made at any time and without prior notice. The Commissioner may copy, and remove for audit or inspection copies of, all records the Commissioner reasonably considers necessary or appropriate to conduct the audit or inspection. The Commissioner may assess a reasonable charge for conducting an audit or inspection under this subsection. (e) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a rule adopted or order issued under this chapter may require a broker-dealer or investment adviser that has custody of or discretionary authority over funds or securities of a customer or client to obtain insurance or post a bond or other satisfactory form of security in an amount not to exceed $25,000.00. The Commissioner may determine the requirements of the insurance, bond, or other satisfactory form of security. Insurance or a bond or other satisfactory form of security may not be required of a broker-dealer registered under this chapter whose net capital exceeds or of an investment adviser registered under this chapter whose minimum financial requirements exceed the amounts required by rule adopted or order issued under this chapter. The insurance, bond, or other satisfactory form of security must permit an action by a person to enforce any liability on the insurance, bond, or other satisfactory form of security if instituted within the time limitations in paragraph (2) of subsection U) of Code Section 10-5-58. (f) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, an agent may not have custody of funds or securities of a customer except under the supervision of a broker-dealer and an investment adviser representative may not have custody of funds or securities of a client except under the supervision of an investment adviser or a federal covered investment adviser. A rule adopted or order issued under this chapter may prohibit, limit, or impose conditions on a broker-dealer regarding custody of funds or securities of a customer and on an investment adviser regarding custody of securities or funds of a client. (g) With respect to an investment adviser registered or required to be registered under this chapter, a rule adopted or order issued under this chapter may require that information or other record be furnished or disseminated to clients or prospective clients in this state as necessary or appropriate in the public interest and for the protection of investors and advisory clients. (h) A rule adopted or order issued under this chapter may require an individual registered under Code Section I0-5-31 or I0-5-33 to participate in a continuing education program approved by the Securities and Exchange Commission and administered by a self-regulatory organization or, in the absence of such a program, a rule adopted or order issued under this chapter may require continuing education for an individual registered under Code Section 10-5-33.

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I 0-5-41. (a) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may deny an application or may condition or limit registration:
(I) Of an applicant to be a broker-dealer, agent, investment adviser, or investment adviser representative; and (2) If the applicant is a broker-dealer or investment adviser, of any partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly controlling the broker-dealer or investment adviser. (b) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may revoke, suspend, condition, or limit the registration of a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer or investment adviser. However, the Commissioner: (I) May not institute a revocation or suspension proceeding under this subsection based on an order issued by another state that is reported to the Commissioner later than one year after the date of the order on which it is based; and (2) Under subparagraphs (d)(5)(A) and (d)(5)(B) of this Code section may not issue an order on the basis of an order under the state securities act of another state unless the other order was based on conduct for which subsection (d) of this Code section would authorize the action had the conduct occurred in this state. (c) If the Commissioner finds that the order is in the public interest and paragraphs (1) through (6) and (8) through (13) of subsection (d) of this Code section authorize the action, an order under this chapter may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of$50,000.00 for a single violation or $500,000.00 for several violations on a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser. (d) A person may be disciplined under subsections (a) through (c) of this Code section if the person: (1) Has filed an application for registration in this state under this chapter or the predecessor Act within the previous ten years, which, as of the effective date of registration or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) Willfully violated or willfully failed to comply with this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (3) Has been convicted of a felony or within the previous ten years has been convicted

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of a misdemeanor involving a security, a commodity future or option contract, or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (4) Is enjoined or restrained by a court of competent jurisdiction in an action instituted by the Commissioner under this chapter or the predecessor Act, a state, the Securities and Exchange Commission, or the United States from engaging in or continuing an act, practice, or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (5) Is the subject of an order, issued after notice and opportunity for hearing by:
(A) The securities, depository institution, insurance, or other financial services administrator of a state or by the Securities and Exchange Commission or other federal agency denying, revoking, barring, or suspending registration as a broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative; (B) The securities administrator of a state or by the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser; (C) The Securities and Exchange Commission or by a self-regulatory organization suspending or expelling the registrant from membership in the self-regulatory organization; (D) A court adjudicating a United States Postal Service fraud order; (E) The insurance regulator of a state denying, suspending, or revoking the registration of an insurance agent; or (F) A depository institution regulator suspending or barring a person from the depository institution business; (6) Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Trade Commission, a federal depository institution regulator, or a depository institution, insurance, or other financial services administrator of a state that the person willfully violated the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-l, et seq., the Investment Company Act of 1940, 15 U.S.C. Section 80a-l, et seq., or the Commodity Exchange Act, 7 U.S.C. Section I, et seq., the securities or commodities law of a state, or a federal or state law under which a business involving investments, franchises, insurance, banking, or finance is regulated; (7) Is insolvent, either because the persons liabilities exceed the persons assets or because the person cannot meet the person's obligations as they mature, but the Commissioner may not enter an order against an applicant or registrant under this paragraph without a finding of insolvency as to the applicant or registrant; (8) Refuses to allow or otherwise impedes the Commissioner from conducting an audit

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or inspection under subsection (d) of Code Section 10-5-40 or refuses access to a registrant's office to conduct an audit or inspection under subsection (d) of Code Section 10-5-40; (9) Has failed to reasonably supervise an agent, investment adviser representative, or other individual, if the agent, investment adviser representative, or other individual was subject to the person's supervision and committed a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (10) Has not paid the proper filing fee within 30 days after having been notified by the Commissioner of a deficiency, but the Commissioner shall vacate an order under this paragraph when the deficiency is corrected; (11) After notice and opportunity for a hearing, has been found within the previous ten years:
(A) By a court of competent jurisdiction to have willfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated; (B) To have been the subject of an order of a securities administrator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or similar person; or (C) To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; (12) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state; (13) Has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous ten years; or (14) Is not qualified on the basis of factors such as training, experience, and knowledge of the securities business. However, in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for registration as an investment adviser representative, a denial order may not be based on this paragraph ifthe individual has successfully completed all examinations required by subsection (e) of this Code section. The Commissioner may require an applicant for registration under Code Section l 0-5-31 or 10-5-33 who has not been registered in a state within the two years preceding the filing of an application in this state to successfully complete an examination. (e) A rule adopted or order issued under this chapter may require that an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals. An order

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issued under this chapter may waive, in whole or in part, an examination as to an individual and a rule adopted under this chapter may waive, in whole or in part, an examination as to a class of individuals if the Commissioner determines that the examination is not necessary or appropriate in the public interest and for the protection of investors. (f) The Commissioner may suspend or deny an application summarily; restrict, condition, limit, or suspend a registration; or censure, bar, or impose a civil penalty on a registrant before final determination ofan administrative proceeding. Upon the issuance of an order, the Commissioner shall promptly notify each person subject to the order that the order has been issued, the reasons for the action, and that within 30 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend the order until final determination. (g) Except under subsection (f) ofthis Code section, an order may not be issued under this Code section without:
(1) Appropriate notice to the applicant or registrant; (2) Opportunity for hearing; and (3) Findings offact and conclusions oflaw in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (h) A person that controls, directly or indirectly, a person not in compliance with this Code section may be disciplined by order of the Commissioner under subsections (a) through (c) of this Code section to the same extent as the noncomplying person, unless the controlling person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct that is a ground for discipline under this Code section. (i) The Commissioner may not institute a proceeding under subsection (a), (b), or (c) of this Code section based solely on material facts actually known by the Commissioner unless an investigation or the proceeding is instituted within one year after the Commissioner actually acquires know ledge of the material facts.

ARTICLE 5

10-5-50. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly:
(1) To employ a device, scheme, or artifice to defraud; (2) To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading; or

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(3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.

10-5-51. (a) It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part ofa regular business, issues or promulgates analyses or reports relating to securities:
(I) To employ a device, scheme, or artifice to defraud another person; or (2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. (b) A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative. (c) A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser.

I 0-5-52. (a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence ofthe claim.

10-5-53. (a) Except as otherwise provided in subsection (b) of this Code section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter. (b) This Code section does not apply to sales and advertising literature specified in subsection (a) of this Code section which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by Code Sections I0-5-10 through I0-5-12, except as required pursuant to paragraph (7) of Code Section 10-5-10.

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I 0-5-54. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading.

10-5-55. The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Commissioner that a record filed under this chapter is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the Commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this Code section.

I 0-5-56. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the Commissioner, or a designee of the Commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity.

10-5-57. (a) A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section I 0-5-53 or the notice filing requirements of Code Section I0-5-21 or I0-5-34, or that willfully violates Code Section I0-5-54 knowing the statement made to be false or misleading in a material respect, upon conviction, shall be fined not more than $500,000.00 or imprisoned not more than five years, or both. An individual convicted of violating a rule adopted or order issued under this chapter may be fined but may not be imprisoned if the individual did not have knowledge of the rule or order. (b) The Attorney General or the proper prosecuting attorney with or without a reference from the Commissioner may institute criminal proceedings under this chapter. (c) This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other Jaws of this state.

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10-5-58. (a) Enforcement of civil liability under this Code section is subject to the Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227. (b) A person is liable to the purchaser if the person sells a security in violation of Code Section 10-5-20, or, by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the purchaser not knowing the untruth or omission and the seller not sustaining the burden of proof that the seller did not know and, in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following:
(1) The purchaser may maintain an action to recover the consideration paid for the security, less the amount of any income received on the security, and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court upon the tender of the security or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (I) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of ownership of the security and willingness to exchange the security for the amount specified. A purchaser that no longer owns the security may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the amount that would be recoverable upon a tender less the value of the security when the purchaser disposed of it and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court. (c) A person is liable to the seller if the person buys a security by means of an untrue statement of a material fact or omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the seller not knowing of the untruth or omission, and the purchaser not sustaining the burden of proof that the purchaser did not know, and in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The seller may maintain an action to recover the security and any income received on the security, costs, and reasonable attorney fees determined by the court upon the tender of the purchase price or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of the present ability to pay the amount tendered and willingness to take delivery ofthe security for the amount specified. If the purchaser no longer owns the security, the seller may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the difference between

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the price at which the security was sold and the value the security would have had at the time of the sale in the absence of the purchaser's conduct causing liability and interest at the legal rate of interest from the date of the sale of the security, costs, and reasonable attorney fees determined by the court. (d) A person acting as a broker-dealer or agent that sells or buys a security in violation of subsection (a) of Code Section 10-5-30, subsection (a) of Code Section I0-5-31, or Code Section I0-5-55 is liable to the customer. The customer, if a purchaser, may maintain an action for recovery of actual damages as specified in subsection (b) of this Code section, or, if a seller, for a remedy as specified in subsection (c) of this Code section. (e) A person acting as an investment adviser or investment adviser representative that provides investment advice for compensation in violation ofsubsection (a) ofCode Section 10-5-32, subsection (a) of Code Section 10-5-33, or Code Section 10-5-55 is liable to the client. The client may maintain an action to recover the consideration paid for the advice, interest from the date of payment, costs, and reasonable attorney fees determined by the court. (f) A person that receives directly or indirectly any consideration for providing investment advice to another person and that employs a device, scheme, or artifice to defraud the other person or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit on the other person is liable to the other person. An action under this subsection is governed by the following: (I) The person defrauded may maintain an action to recover the consideration paid for the advice and the amount of any actual damages caused by the fraudulent conduct, interest from the date of the fraudulent conduct, costs, and reasonable attorney fees determined by the court, less the amount of any income received as a result of the fraudulent conduct; and (2) This subsection does not apply to a broker-dealer or its agents if the investment advice provided is solely incidental to transacting business as a broker-dealer and no special compensation is received for the investment advice. (g) The following persons are liable jointly and severally with and to the same extent as persons liable under subsections (b) through (f) of this Code section: (I) A person that directly or indirectly controls a person liable under subsections (b) through (f) ofthis Code section, unless the controlling person sustains the burden ofproof that the person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; (2) An individual who is a managing partner, executive officer, or director of a person liable under subsections (b) through (f) of this Code section, including an individual having a similar status or performing similar functions, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist;

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(3) An individual who is an employee of or associated with a person liable under subsections (b) through (f) of this Code section and who materially aids the conduct giving rise to the liability, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; and (4) A person that is a broker-dealer, agent, investment adviser, or investment adviser representative that materially aids the conduct giving rise to the liability under subsections (b) through (f) ofthis Code section, unless the person sustains the burden of proof that the person did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which liability is alleged to exist. (h) A person liable under this Code section has a right of contribution as in cases of contract against any other person liable under this Code section for the same conduct. (i) A cause of action under this Code section survives the death of an individual who might have been a plaintiff or defendant. (j) A person may not obtain relief under subsection (b) of this Code section: (1) For a violation of Code Section 10-5-20 or for a violation of subsection (d) or (e) of this Code section, unless the action is instituted within two years after the violation occurred; or (2) Other than for a violation of Code Section 10-5-20 or for a violation of subsection (c) or (f) of this Code section, unless the action is instituted within the earlier of two years after discovery of the facts constituting the violation or five years after the violation occurred. (k) A person that has made or has engaged in the performance of a contract in violation of this chapter or a rule adopted or order issued under this chapter or that has acquired a purported right under the contract with knowledge of conduct by reason of which its making or performance was in violation of this chapter may not base an action on the contract. (I) A condition, stipulation, or provision binding a person purchasing or selling a security or receiving investment advice to waive compliance with this chapter or a rule adopted or order issued under this chapter is void. (m) The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist, but this chapter does not create a cause of action not specified in this Code section or subsection (e) of Code Section I0-5-40.

10-5-59. A purchaser, seller, or recipient of investment advice may not maintain an action under Code Section 10-5-58 if:
(I) The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted:
(A) An offer stating the respect in which liability under Code Section 10-5-58 may have arisen and fairly advising the purchaser, seller, or recipient of investment advice

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of that persons rights in connection with the offer and any financial or other information necessary to correct all material misrepresentations or omissions in the information that was required by this chapter to be furnished to that person at the time of the purchase, sale, or investment advice; (B) If the basis for relief may have been a violation of subsection (b) of Code Section 10-5-58, an offer to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid and interest from the date of the purchase, less the amount of any income received on the security; or, if the purchaser no longer owns the security, an offer to pay the purchaser upon acceptance of the offer damages in an amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it and interest from the date of the purchase in cash equal to the damages computed in the manner provided in this subparagraph; (C) If the basis for relief may have been a violation of subsection (c) of Code Section 10-5-58, an offer to tender the security on payment by the seller of an amount equal to the purchase price paid, less income received on the security by the purchaser, and interest from the date of the sale; or, if the purchaser no longer owns the security, an offer to pay the seller upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the purchaser's conduct that may have caused liability and interest from the date of the sale; (D) If the basis for relief may have been a violation of subsection (d) of Code Section 10-5-58 and if the customer is a purchaser, an offer to pay as specified in subparagraph (B) of this paragraph; or, if the customer is a seller, an offer to tender or to pay as specified in subparagraph (C) of this paragraph; (E) If the basis for relief may have been a violation of subsection (e) of Code Section I0-5-58, an offer to reimburse in cash the consideration paid for the advice and interest from the date of payment; or (F) If the basis for relief may have been a violation of subsection (f) of Code Section I0-5-58, an offer to reimburse in cash the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest from the date of the violation causing the loss; (2) The offer under paragraph (l) of this Code section states that it must be accepted by the purchaser, seller, or recipient of investment advice within 30 days after the date of its receipt by the purchaser, seller, or recipient of investment advice or any shorter period, of not less than three days, that the Commissioner, by order, specifies; (3) The offeror has the present ability to pay the amount offered or to tender the security under paragraph (1) of this Code section; (4) The offer under paragraph (1) of this Code section is delivered to the purchaser, seller, or recipient of investment advice or sent in a manner that ensures receipt by the purchaser, seller, or recipient of investment advice; and (5) The purchaser, seller, or recipient of investment advice that accepts the offer under

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paragraph (1) of this Code section in a record within the period specified under paragraph (2) of this Code section is paid in accordance with the terms of the offer.

ARTICLE 6

10-5-70. (a) The administration of this chapter shall be vested in the Secretary of State, who is designated as the Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this chapter. The Commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities and investment adviser laws and to achieving maximum uniformity in the interpretation oflike provisions ofthe laws administered by them and in the forms which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this chapter may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The Commissioner or any persons employed by the Commissioner shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (f) The Commissioner shall appoint, with the approval of the Governor, a person as assistant Commissioner and delegate such powers and duties under this chapter to such assistant Commissioner as he or she desires. (g) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the Commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any self-regulatory organization, any national or international organization, securities officials or agencies, or any governmental law enforcement or regulatory agency. The cooperation authorized may include, but is not limited to, participation in a central registration depository under this chapter for documents or records required or allowed to be maintained under this chapter

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and the designation of any such system as an agent for registration or receipt. (h) Neither the Commissioner, the assistant Commissioner, nor any employee of the Commissioner may use for personal gain or benefit information filed with or obtained by the Commissioner which is not public information nor may the Commissioner, assistant Commissioner, or any employee of the Commissioner conduct securities dealings based upon information filed with or obtained by the Commissioner, even though such information is known to the public, if there has not been a sufficient period for the securities markets to assimilate the information. (i) This chapter does not create or diminish a privilege or exemption that exists at common law, by statute or rule, or otherwise. ( j) The Commissioner may develop and implement investor education initiatives to inform the public about investing in securities, with particular emphasis on the prevention and detection of securities fraud. In developing and implementing these initiatives, the Commissioner may collaborate with public and nonprofit organizations with an interest in investor education. This subsection does not authorize the Commissioner to require participation or monetary contributions of a registrant in an investor education program.

10-5-71. (a) The Commissioner may:
(1) Conduct public or private investigations inside or outside this state which the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter; (2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and (3) Publish a record concerning an action, proceeding, or an investigation under or a violation of this chapter or a rule adopted or order issued under this chapter if the Commissioner determines it is necessary or appropriate in the public interest and for the protection of investors. (b) For the purpose of an investigation under this chapter, the Commissioner or his or her designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Commissioner considers relevant or material to the investigation. (c) If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the Commissioner under this chapter, the Commissioner may refer the matter to the Attorney General or the proper district attorney, who may apply to the superior court or a court of another state to enforce

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compliance. The court may: (I) Hold the person in contempt; (2) Order the person to appear before the Commissioner; (3) Order the person to testify about the matter under investigation or in question; (4) Order the production of records; (5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; (6) Impose a civil penalty of not less than $5,000.00 and not greater than $50,000.00 for each violation; and (7) Grant any other necessary or appropriate relief.
(d) This Code section does not preclude a person from applying to superior court or a court ofanother state for relief from a requestto appear, testify, file a statement, produce records, or obey a subpoena. (e) An individual is not excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the Commissioner under this chapter or in an action or proceeding instituted by the Commissioner under this chapter on the ground that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture. If the individual refuses to testify, file a statement, or produce a record or other evidence on the basis of the individual's privilege against self-incrimination, the Commissioner may apply to superior court to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence. The testimony, record, or other evidence compelled under such an order may not be used, directly or indirectly, against the individual in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order. (f) At the request of the securities administrator of another state or a foreign jurisdiction, the Commissioner may provide assistance if the requesting administrator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting administrator regulates or enforces. The Commissioner may provide the assistance by using the authority to investigate and the powers conferred by this Code section as the Commissioner determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this state if occurring in this state. In deciding whether to provide the assistance, the Commissioner may consider whether the requesting administrator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the Commissioner on securities matters when requested; whether compliance with the request would violate or prejudice the public policy of this state; and the availability of resources and employees of the Commissioner to carry out the request for assistance.

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(g) In the case of any investigation conducted under this Code section, the Commissioner may appoint an investigative agent who shall have the same investigative powers and authority as the Commissioner. The agent shall possess such qualifications as the Commissioner may require.

10-5-67. (a) If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter. (b) In an action under this Code section and on a proper showing, the court may:
(I) Issue a permanent or temporary injunction, restraining order, or declaratory judgment; (2) Order other appropriate or ancillary relief, which may include:
(A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment ofa receiver or conservator, that may be the Commissioner, for the defendant or the defendant's assets; (B) Ordering the Commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property; (C) Imposing a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation ofthis chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act; and (D) Ordering the payment of prejudgment and postjudgment interest; or (3) Order such other relief as the court considers appropriate. (c) The Commissioner may not be required to post a bond in an action or proceeding under this chapter.

10-5-73. (a) If the Commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may:

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(1) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter; (2) Issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under subparagraph (b)(I )(D) or (b)(I )(F) of Code Section I0-5-30 or an investment adviser under subparagraph (b)( 1)(C) of Code Section 10-5-32; or (3) Issue an order under Code Section 10-5-13. (b) An order under subsection (a) of this Code section is effective on the date of issuance. Upon issuance of the order, the Commissioner shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement whether the Commissioner will seek a civil penalty or costs of the investigation, a statement of the reasons for the order, and notice that, within 30 days after receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a person subject to the order does not request a hearing and none is ordered by the Commissioner within 30 days after the date ofservice of the order, the order becomes final as to that person by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until final determination. (c) If a hearing is requested or ordered pursuant to subsection (b) of this Code section, a hearing must be held pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and this chapter. A final order may not be issued unless the Commissioner makes findings of fact and conclusions of law in a record. The final order may make final, vacate, or modify the order issued under subsection (a) of this Code section. (d) In a final order under subsection (c) of this Code section, the Commissioner may impose a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation. (e) In a final order under subsection (c) of this Code section, the Commissioner may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter. (f) If a petition for judicial review of a final order is not filed in accordance with Code Section 10-5-78, the Commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court. (g) If a person does not comply with an order under this Code section, the Commissioner may petition a court of competent jurisdiction to enforce the order. The court may not require the Commissioner to post a bond in an action or proceeding under this Code section. Ifthe court finds, after service and opportunity for hearing, that the person was not in compliance with the order, the court may adjudge the person in civil contempt of the order. The court may impose a further civil penalty against the person for contempt in an

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amount not less than $5,000.00 but not greater than $50,000.00 for each violation and may grant any other relief the court determines is just and proper in the circumstances.

10-5-74. (a) The Commissioner may:
(I) Issue forms and orders and, after notice and comment, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rules, including rules and forms governing registration statements, applications, notice filings, reports, and other records; (2) By rule, define terms, whether or not used in this chapter, but those definitions may not be inconsistent with this chapter; and (3) By rule, classify securities, persons, and transactions and adopt different requirements for different classes. (b) Under this chapter, a rule or form may not be adopted or amended or an order issued or amended unless the Commissioner finds that the rule, form, order, or amendment is necessary or appropriate in the public interest or for the protection of investors and is consistent with the purposes intended by this chapter. In adopting, amending, and repealing rules and forms, Code Section I0-5-77 applies in order to achieve uniformity among the states and coordination with federal laws in the form and content of registration statements, applications, reports, and other records, including the adoption ofuniform rules, forms, and procedures. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 7Sa, et seq., and Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section SOb-!, et seq., the Commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish: (I) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 7Sa, et seq., and Section 222 of the Investment Advisors Act of 1940, 15 U.S.C. Section SOb-!, et seq., the form and content of financial statements required under this chapter; (2) Whether unconsolidated financial statements must be filed; and (3) Whether required financial statements must be audited by an independent certified public accountant. (d) The Commissioner may provide interpretative opinions or issue dete1minations that the Commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the Commissioner will not institute an action or a proceeding under this chapter.

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(e) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the Commissioner for good cause consistent with this chapter determines that the hearing shall not be so conducted.

10-5-75. (a) The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor Act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor Act; and interpretative opinions or no action determinations issued under this chapter. (b) The Commissioner shall make all rules, forms, interpretative opinions, and orders available to the public. (c) The Commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the Commissioner of a record's nonexistence is prima-facie evidence of a record or its nonexistence.

10-5-76. (a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination. (b) The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential:
(1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-21; (2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by Jaw; (3) Any document or record specifically designated as confidential in accordance with this chapter; and (4) Any document, record, or information designated as confidential by federal statute, rule, or regulation.

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10-5-77. (a) The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to Code Section 10-5-76, share records and information with the securities administrator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities administrators, a federal or state banking or insurance regulator, or a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments. (b) In cooperating, coordinating, consulting, and sharing records and information under this Code section and in acting by rule, order, or waiver under this chapter, the Commissioner shall, in his or her discretion, take into consideration in carrying out the public interest the following general policies:
(1) Maximizing effectiveness of regulation for the protection of investors; (2) Maximizing uniformity in federal and state regulatory standards; and (3) Minimizing burdens on the business ofcapital formation, without adversely affecting essentials of investor protection. (c) The cooperation, coordination, consultation, and sharing of records and information authorized by this Code section includes: (1) Establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter; (2) Developing and maintaining uniform forms; (3) Conducting a joint examination or investigation; (4) Holding a joint administrative hearing; (5) Instituting and prosecuting a joint civil or administrative proceeding; (6) Sharing and exchanging personnel; (7) Coordinating registrations under Code Sections 10-5-20 and Code Section 10-5-30 through 10-5-33 and exemptions under Code Section 10-5-12; (8) Sharing and exchanging records, subject to Code Section I0-5-76; (9) Formulating rules, statements ofpolicy, guidelines, forms, and interpretative opinions and releases; (10) Formulating common systems and procedures; (11) Notifying the public of proposed rules, forms, statements ofpolicy, and guidelines; (12) Attending conferences and other meetings among securities administrators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and

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(13) Developing and maintaining a uniform exemption from registration for small issuers and taking other steps to reduce the burden of raising investment capital by small businesses.

10-5-78. (a) A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

10-5-79. (a) Code Sections 10-5-20 and 10-5-21, subsection (a) of Code Section 10-5-30, subsection (a) ofCode Section 10-5-31, subsection (a) ofCode Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, I0-5-58, and 10-5-59 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the purchase is made and accepted in this state. (b) Subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section I0-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this state or the offer to sell or the sale is made and accepted in this state. (c) For the purpose of this Code section, an offer to sell or to purchase a security is made in this state, whether or not either party is then present in this state, if the offer:
(1) Originates from within this state; or (2) Is directed by the offeror to a place in this state and received at the place to which it is directed. (d) For the purpose of this Code section, an offer to purchase or to sell is accepted in this state, whether or not either party is then present in this state, if the acceptance: (1) Is communicated to the offeror in this state and the offeree reasonably believes the offeror to be present in this state and the acceptance is received at the place in this state to which it is directed; and (2) Has not previously been communicated to the offeror, orally or in a record, outside this state. (e) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state or that is published in this state but has had more than two-thirds ofits circulation outside this state during the previous 12 months or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio or television

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program or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless:
(I) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state; (2) The program or communication is supplied by a radio, television, or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state; (3) The program or communication is an electronic communication that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or (4) The program or communication consists of an electronic communication that originates in this state but is not intended for distribution to the general public in this state. (f) Subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, subsection (a) of Code Section 10-5-34, and Code Sections 10-5-51, 10-5-54, and 10-5-55 apply to a person if the person engages in an act, practice, or course of business instrumental in effecting prohibited or actionable conduct in this state, whether or not either party is then present in this state.

10-5-80. (a) A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent. (b) If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a) of this Code section, the act, practice, or course of business constitutes the appointment of the Commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative. (c) Service under subsection (a) or (b) of this Code section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless:
(1) The plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the

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address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and (2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the Commissioner in a proceeding before the Commissioner, allows. (d) Service pursuant to subsection (c) of this Code section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party. (e) If process is served under subsection (c) of this Code section, the court, or the Commissioner in a proceeding before the Commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.

ARTICLE 7

10-5-90. (a) The predecessor Act exclusively governs all actions or proceedings that are pending on the effective date of this chapter or may be instituted on the basis of conduct occurring before the effective date ofthis chapter, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period oflimitation that applied when the cause of action accrued or within five years after the effective date ofthis chapter, whichever is earlier. (b) All effective registrations under the predecessor Act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor Act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter but are exclusively governed by the predecessor Act. (c) The predecessor Act exclusively applies to an offer or sale made within one year after the effective date of this chapter pursuant to an offering made in good faith before the effective date of this chapter on the basis of an exemption available under the predecessor Act.'

SECTION 2. Code Section 7-1-241 of the Official Code of Georgia Annotated, relating to restrictions on engaging in banking business, is amended by revising paragraph (5) of subsection (b) as follows:
'(5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Chapter 5 of Title 10 to the extent that such securities broker or dealer:

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(A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or savings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer.'

SECTION 3. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restriction on corporate fiduciaries, is amended by revising paragraphs (6) and (7) of subsection (a) as follows:
'(6) An investment adviser registered pursuant to the provisions of 15 U.S.C. Section 80b-3 or Chapter 5 of Title 10, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Chapter 5 of Title 10 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities.'

SECTION 4. Code Section 7-1-396 of the Official Code of Georgia Annotated, relating to the effect of certificate of incorporation and permit to begin business, is amended by revising subsection (a) as follows:
'(a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company; provided, nevertheless, that the department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares, and all persons soliciting offers to subscribe for shares in any bank in formation under this chapter even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a 'bank' for those purposes. Persons named in the articles of incorporation and approved by the department as initial directors of the bank in formation shall not be considered 'agents' or 'broker-dealers' within the meaning of paragraphs (1) and (3) of Code Section 10-5-2.'

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SECTION 5. Code Section 10-1-417 of the Official Code of Georgia Annotated, relating to purchaser and participant remedies; violations as unfair or deceptive acts; and penalty regarding multilevel distribution companies, is amended by revising subsection (c) as follows:
'(c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the 'Georgia Uniform Securities Act of 2008,' including, but not limited to, the definition of the term 'security' as contained in paragraph (31) of Code Section 10-5-2.'

SECTION 6. Code Section 10-5B-2 of the Official Code of Georgia Annotated, relating to definitions regarding deceptive, fraudulent, or abusive telemarketing, is amended by revising paragraph (8) of subsection (a) as follows:
'(8) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale,' and 'telemarketing' means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (31) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which:
(A) The seller solicits the sale or charitable sale or contribution over the telephone; (B) The purchaser's agreement to purchase or contribute is made over the telephone; and (C) In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.'

SECTION 7. Code Section 14-2-140 of the Official Code of Georgia Annotated, relating to corporation code definitions, is amended by revising paragraph (19) as follows:
'(19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Uniform Securities Act of 2008,' pursuant to Code Section 10-5-10 or any successor provision.'

SECTION 8. Code Section 14-11-1107 of the Official Code of Georgia Annotated, relating to laws governing chapter regarding limited liability companies, is amended by revising subsection (n) as follows:
'(n) Nothing in this chapter shall be construed as establishing that a limited liability company interest is not a 'security' within the meaning of paragraph (31) of Code Section 10-5-2 (or any successor statute).'

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SECTION 9. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by revising subdivision (9)(A)(xxi) as follows:
0 (xxi) Chapter 5 of Title 10, relating to violations of the 'Georgia Uniform Securities Act of 2008'; 0

SECTION 10. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Act of 1973," with "Georgia Uniform Securities Act of 2008," and "Georgia Securities Act of 1973." with "Georgia Uniform Securities Act of2008.", respectively, wherever the former phrase appears in:
(I) Code Section I0-5A-8, relating to applicability of securities law; (2) Code Section I0-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized; (3) Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities and liability; (4) Code Section 10-5B-5, relating to applicability of chapter to persons subject to other provisions of the Code; (5) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties of chapter not exclusive and construction with other provisions of the Code; (6) Code Section 10-9-59, relating to inapplicability of "Georgia Securities Act of 1973" to bonds for Georgia World Congress Center; (7) Code Section 12-3-298, relating to revenue bonds; issuance for purpose ofpaying for cost of parks projects; (8) Code Section 12-8-59.1, relating to liberal construction regarding regional solid waste management authorities; bonds not subject to other state law; and other authorities; (9) Code Section 19-6-28.1, relating to suspension of, or denial of application or renewal of, license for noncompliance with child support order; (10) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; interagency agreements; and report to General Assembly; (11) Code Section 20-3-295, relating to the Georgia Higher Education Assistance Corporation to maintain certified list ofborrowers in default, administrative hearings, and appeals; ( 12) Code Section 20-3-616, relating to exemption from securities law; approval required for transfer of advance tuition payment contracts; (13) Code Section 33-11-66, relating to cumulative nature of Code section; variable annuity contracts; and Insurance Commissioner's role; (14) Code Section 33-11-67, variable contract insurance policies and Insurance Commissioner's role; insurance license required;

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(15) Code Section 33-14-10, relating to sale of subscriptions for insurance securities and sale offer of insurance securities; (16) Code Section 33-59-16, relating to compliance with securities laws; (17) Code Section 36-42-15, relating to construction of chapter and applicability of the "Georgia Securities Act of 1973" to downtown development authorities; ( 18) Code Section 42-4-102, relating to construction of article; bonds not subject to regulation under the "Georgia Securities Act of 1973"; and power of counties and municipalities to activate regional jail authorities; (19) Code Section 45-13-25, relating to employment of assistants to the Secretary of State to discharge functions imposed by Chapter 5 of Title 10, the "Georgia Securities Actof1973"; (20) Code Section 50-23-13, relating to liberal construction; bonds of Environmental Facilities Authority exempt from securities law; necessity of notice, proceeding, or publication; and referendums; (21) Code Section 50-26-10, relating to obligations not subject to "Georgia Securities Act of 1973"; payment of operating costs; Georgia Housing Authority's revenue; and issuance of bonds; (22) Code Section 50-32-35, relating to applicability of Chapter 5 of Title 10 to the Georgia Regional Transportation Authority; (23) Code Section 50-34-8, relating to obligations of the OneGeorgia Authority not subject to the "Georgia Securities Act of 1973 "; setting of rates, fees, and charges for loans; and power to issue bonds; and (24) Code Section 50-35-11, relating to construction of chapter creating Environmental Training and Education Authority.

SECTION 11. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Law" with "Georgia Uniform Securities Act of 2008" wherever the former phrase appears in:
(1) Code Section 36-62-11, relating to construction of chapter regarding development authorities generally; (2) Code Section 36-63 -II, relating to construction of chapter regarding resource recovery development authorities generally; and (3) Code Section 36-75-10, relating to construction ofchapterregarding war on terrorism local assistance.

SECTION 12. This Act shall become effective on July I, 2009.

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SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2008.

CRIMES- COMPUTERS; FALSE REPRESENTATIONS.
No. 529 (Senate Bill No. 24).
AN ACT
To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, so as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of such business; to provide definitions; to provide for penalties and sanctions; to provide for immunity; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, is amended by adding a new Part 4 to read as follows:
'Part 4
16-9-109.1. (a) As used in this part, the term:
(I) 'Electronic mail message' means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the 'local part,' and a reference to an Internet domain, commonly referred to as the 'domain part,' whether or not displayed, to which an electronic message can be sent or delivered. (2) 'Employer' includes a business entity's officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. (3) 'Identifying information' means, with respect to an individual, any of the following:
(A) Social security number;

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(B) Driver's license number; (C) Bank account number; (D) Credit card or debit card number; (E) Personal identification number or PIN; (F) Automated or electronic signature; (G) Unique biometric data; (H) Account password; or (I) Any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services. (4) 'Internet' shall have the meaning set forth in paragraph (10) of Code Section 16-9-151. (5) 'Web page' means a location that has a single uniform resource locator or other single location with respect to the Internet. (b)( l) It shall be unlawful for any person with intent to defraud, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing himself, herself, or itself to be a business without the authority or approval of such business. (2) It shall be unlawful for any person, with actual knowledge, conscious avoidance of actual knowledge, or willfully, to possess with intent to use in a fraudulent manner, sell, or distribute any identifying information obtained in violation of paragraph (l) of this subsection. (c) Any person who intentionally violates subsection (b) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not less than $1,000.00 nor more than $500,000.00, or both. (d)(l) No employer shall be held criminally liable under this Code section as a result of any actions taken: (A) With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased employees, or other staff which the employer owns, leases, or otherwise makes available or allows to be connected to the employer's network or other computer facilities when such equipment is used for an illegal purpose without the employer's knowledge, consent, or approval; or (B) By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an employer's computer equipment for an illegal purpose without the employer's knowledge, consent, or approval. (2) No person shall be held criminally liable under this Code section when its protected computers, computer equipment, or software product has been used by unauthorized users to violate this Code section without such person's knowledge, consent, or approval. (e) This Code section shall not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.

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(f) No provider of an interactive computer service may be held liable in a civil action under any law of this state, or any of its political subdivisions, for removing or disabling access to content on an Internet website or other online location controlled or operated by such provider, when such provider believes in good faith that such content has been used to engage in a violation of this part.'

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

Approved May 12, 2008.

CONSERVATION- CRIMES- FORESTRY INVESTIGATORS; ARSON OFFENSES.
No. 530 (Senate Bill No. 400).
AN ACT
To provide for enforcement oflaws related to forestry and fire; to provide punishments for certain violations of such laws; to amend Part I of Article I of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to change certain provisions relating to forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain provisions relating to arson of lands; to change certain provisions relating to criminal damage to property in the second degree; to include arson of lands as one of the types of arson giving rise to offenses with heightened penalties when certain weapons are possessed or used while committing arson; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part I of Article I of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, is amended by revising Code Section 12-6-20, relating to forestry investigators, as follows:

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'12-6-20. (a) The director, with the approval ofthe commission, may appoint investigators to enforce the forestry laws and regulations of this state. (b) The investigators so appointed and any fire-fighting crews under their direction may enter upon any land for the purpose of preventing and suppressing fires and enforcing the fire and other forestry laws and regulations of this state. (c) Investigators who have been so appointed 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,' shall be authorized and empowered to:
(I) Make summary arrests for violations of the fire and other forestry laws and regulations of this state; and, in case of such arrests, the investigator shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed; (2) Arrest persons accused of violating any law or regulation which such investigators are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the investigator or information concerning the offense constituting a basis for arrest was received by the arresting investigator from a law enforcement officer who observed the offense being committed. The arresting investigator may issue to the accused person a citation which shall enumerate the specific charges against such person and the date upon which such person is to appear and answer such charges. Whenever an arrest is made by the arresting investigator on the basis of information received from another law enforcement officer who observed the offense being committed, such citation shall list the name of each officer, and each officer-shall be present when the charges against the offender are heard; and (3) Carry weapons in order to enforce the forestry laws and regulations of this state. (d) The provisions of paragraphs (1) and (2) of subsection (c) of this Code Section notwithstanding, no arrest shall be made of any person for an offense described in subsection (e) of Code Section 12-6-90 unless on two previous occasions such person was issued warnings by a forestry investigator, other law enforcement officer, or State Forestry Commission firefighter for such an offense. (e) If any person charged by citation as provided in paragraph (2) of subsection (c) of this Code section shall fail to appear in court as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charge contained within such citation and the charge of his or her failure to appear as required. Such person shall then be allowed to make a reasonable bond to appear on a given date before the court.'

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SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-7-23, relating to criminal damage to property in the second degree, as follows:
'16-7-23. (a) A person commits the offense of criminal damage to property in the second degree when he:
(I) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; or (2) Recklessly or intentionally, by means of fire or explosive, damages property of another person. (b) A person convicted of the offense of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years.'

SECTION 3. Said title is further amended by revising and redesignating Code Section 16-7-28, relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to material or devices used in detection or suppression of wildfires, as follows:
'16-7-63. (a) It shall be unlawful:
(I) To, with intent to damage, start, cause, or procure another to start or cause a fire in any woodlands, brush, field, or other lands that are not one's own and without the permission of the owner or the lessee having control of such property; (2) To burn any brush, field, forest land, campfire, or debris, whether on one's own land or the lands of another, without taking the necessary precautions before, during, and after the fire to prevent the escape of such fire onto the lands of another. The escape of such fire shall be prima-facie evidence that necessary precautions were not taken; (3) For any person to cause a fire by discarding any lighted cigarette, cigar, debris, or any other flaming or smoldering material that may cause a forest fire; or (4) To destroy or damage any material or device used in the detection or suppression of wildfires. (b) This Code section shall not apply to fire resulting from the operation of transportation machinery or equipment used in its normal or accustomed manner. (c)(l) Any person who violates paragraph (2), (3), or (4) of subsection (a) of this Code section shall be guilty of a misdemeanor. (2) Any person who violates paragraph (I) of subsection (a) of this Code section shall be guilty of arson of lands in the third degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-62 for arson in the third degree. (3) Any person whose violation of paragraph (I) of subsection (a) of this Code section results in a fire that burns more than five acres that are not one's own shall be guilty of arson of lands in the second degree and shall be punished the same as provided by

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subsection (c) of Code Section 16-7-61 for arson in the second degree. (4) Any person who violates paragraph (1) of subsection (a) ofthis Code section under such circumstances that it was reasonably foreseeable that human life might be endangered shall be guilty of arson of lands in the first degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-60 for arson in the first degree.'

SECTION 4. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 16-11-160, relating to use of certain weapons during commission of certain offenses and enhanced criminal penalties therefor, as follows:
'(a)(l) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses:
(A) Aggravated assault as defined in Code Section 16-5-21; (B) Aggravated battery as defined in Code Section 16-5-24; (C) Robbery as defined in Code Section 16-8-40; (D) Armed robbery as defined in Code Section 16-8-41; (E) Murder or felony murder as defined in Code Section 16-5-1; (F) Voluntary manslaughter as defined in Code Section 16-5-2; (G) Involuntary manslaughter as defined in Code Section 16-5-3; (H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (I) Terroristic threats or acts as defined in Code Section 16-11-37; (J) Arson as defined in Code Section 16-7-60, 16-7-61, or 16-7-62 or arson oflands as defined in Code Section 16-7-63; (K) Influencing witnesses as defined in Code Section 16-10-93; and (L) Participation in criminal gang activity as defined in Code Section 16-15-4.'

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

Approved May 12, 2008.

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ELECTIONS- ABSENTEE BALLOTS; REASON NOT REQUIRED; ELECTRONIC REQUEST; ELIGIBILITY.

No. 531 (Senate Bill No. 387).

AN ACT

To amend Article I0 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; 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 I0 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, is amended by revising Code Section 21-2-3 80, relating to the definition of an absentee elector and reasons for voting by absentee ballot, as follows:
'21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who:
(I) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety ofthe public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who requests an absentee ballot by mail or who casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office shall not be required to

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provide a reason in order to cast an absentee ballot in any primary, election, or run-off primary or election.'

SECTION 2. Said article is further amended by revising subparagraph (a)( I)(A) ofCode Section 21-2-381, relating to the making of application for absentee ballot, as follows:
'(a)(l )(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may additionally make application for an official ballot by electronic transmission.'

SECTION 3. Said article is further amended by revising paragraph (1) of subsection (b) of Code Section 21-2-381, relating to the making of application for absentee ballot, as follows:
'(b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk shall determine, in accordance with the provisions of this chapter, if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot by mail, the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on file in the registrar's office and, if the application is signed by the elector, compare the signature or mark of the elector on the application with the signature or mark of the elector on the elector's voter registration card. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one ofthe forms ofidentification listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on file in the registrar's office.'

SECTION 4. Said article is further amended by revising subparagraph (a)(1)(A) ofCode Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, as follows:
'(a)(1 )(A) The board of registrars or absentee ballot clerk shall keep safely, unopened, and stored in a manner that will prevent tampering and unauthorized access all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection.'

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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 12, 2008.

PUBLIC UTILITIES -LIMOUSINE CARRIERS; PERMITS; FEES.
No. 532 (Senate Bill No. 384).
AN ACT
To amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeur's permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license 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 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, is amended by revising Code Section 46-7-85.11, relating to preemption of regulation of limousine carriers by general law, as follows:
'46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating limousine carriers; and provided, further, that such governing authorities of such airports shall accept a chauffeur's permit issued by the Department of Driver Services to the driver and evidence of a certificate issued to the limousine carrier

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by the Public Service Commission as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation. The list of licensed limousine carriers on the website of the Public Service Commission shall be sufficient evidence that a limousine carrier has a certificate issued by the Public Service Commission.'

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

Approved May 12, 2008.

PUBLIC UTILITIES -LOCAL GOVERNMENT FRANCHISING AUTHORITY.
No. 533 (Senate Bill No. 379).
AN ACT
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for the comprehensive revision of provisions relating to local government franchising authority; to change certain provisions relating to the power of eminent domain by telegraph and telephone companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies; to provide for definitions, procedures, conditions, and limitations relating thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code Section 46-5-1, relating to the power of eminent domain by telephone and telegraph companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies for damages, as follows:
46-5-1. (a)(l) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with

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the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) ofthis Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section, a telegraph or telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telegraph or telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not:
(A) Require any telegraph or telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or (B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code Section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (I) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (4) Whenever a telegraph or telephone company exercises its powers under paragraph (1) of this subsection, the posts, arms, insulators, and other fixtures of its lines shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telegraph or telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of such railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telegraph or telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (5) No county or municipal authority shall impose upon a telegraph or telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telegraph or telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the company's option, through any affiliated companies and through the use of any

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technology or service arrangement; provided, however, that such company shall remain subject to its obligations as set forth in paragraphs (4) and (5) of Code Section 46-5-169. (b)( I) Except as set forth in paragraph (6) of this subsection, any telegraph or telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information:
(A) The name, address, and telephone number of a principal office and local agent of such telegraph or telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telegraph or telephone company to provide telecommunications services in this state; (C) Proof of insurance or self-insurance of such telegraph or telephone company adequate to defend and cover claims of third parties and of municipal authorities; (D) A description of the telegraph or telephone company's service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telegraph or telephone company may, in lieu of or as supplement to a written description, provide a map on 8 1/2 by II inch paper that is clear and legible and that fairly depicts the service area within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telegraph or telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance offacilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telegraph or telephone company within 15 business days ofthe receipt ofsuch application; such notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days ofthe receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telegraph or telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application.

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(4) If it modifies its service area or provisioned services identified in the original application, the telegraph or telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and new services to be provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telegraph or telephone company by submitting a notice of termination to the affected municipal authority. For purposes of this Code section, such notice shall identify the telegraph or telephone company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telegraph or telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telegraph or telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authority's occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telegraph or telephone company except as set forth in paragraphs (8), (9), (II), and (17) of this subsection. (7) Any telegraph or telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (I) of this subsection, if applicable, to such municipal authority on or before October I, 2008. As of October I, 2008, if any telegraph or telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (I) of this subsection to the municipal authority in which its lines or facilities are located, such municipal authority shall provide written notice to such telegraph or telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with subsection (b) of this Code section. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief.
(8)(A) In the event any telegraph or telephone company has an existing, valid municipal franchise agreement as of January I, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration ofthe existing agreement or December 31, 2012, whichever shall first occur.

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(B) In the event any telegraph or telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January I, 2008, such payment shall be considered the payment of due compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telegraph or telephone company at the rate of3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means those revenues customarily included in the Uniform System of Accounts as prescribed by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion ofthe following accounts shall be included: (A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue, as defined in 47 C.F.R. 32.5010; (E) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other local exchange revenue, as defined in 47 C.F.R. 32.5060; (G) Local exchange service, as defined in 47 C.F.R. 32.5069; (H) Network access revenue, as defined in 47 C.F.R. 32.5080; (I) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; (J) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion ofsuch accounts attributable to revenues derived from private lines shall not be included; and (K) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) of this subsection shall be in lieu ofany other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq. or any other provision of law regardless of nomenclature.

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(11) A telegraph or telephone company with facilities in the public rights of way of a municipal authority shall begin assessing due compensation, as defined in paragraph (a) of this subsection, on subscribers on the date that service commences unless such company is currently paying a municipal authority's occupational license tax. Such due compensation shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telegraph or 1 telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a Sunday, or a state legal holiday, the due date shall be the next business day. A telegraph or telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telegraph or telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates, although such time period may be extended by written agreement between the company and such affected municipal authority. Each party shall bear the party's own costs incurred in connection with any dispute. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authority's reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) The information provided pursuant to paragraph (I) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an

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affected municipal authority pursuant to paragraph (12) ofthis subsection shall be exempt from public inspection under Code Section 50-18-70. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq., and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (14) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (15) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed. (16) A telegraph or telephone company paying due compensation pursuant to this Code section may designate that portion of a subscriber's bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (17) Nothing in this Code section shall affect the authority of a municipal authority to require telegraph or telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (1 0) of subsection (a) of Code Section 32-4-92. (18) Ifa telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the payment by such company at the same rates that such payments were being made as of January I, 2008, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that at the expiration date of any existing agreement for use of such municipal rights of way or December 31, 2012, whichever is earlier, the payment at rates in accordance with the rates set by regulations promulgated by the Department of Transportation shall be considered the payment of due compensation. Provided, further, that ifa telegraph or telephone company begins providing service after January I, 2008, and such telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, the payment by such company at rates in accordance with the rates set by regulations promulgated by the Department of Transportation to a municipal authority for the use of its rights of way shaH be considered the payment of due compensation. (19) Nothing in this Code section shall be construed to affect any franchise fee payments which were in dispute on or before January 1, 2008. (c) Ifa telegraph or telephone company accesses the public roads and highways and rights of way of a county and such county requires such telegraph or telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such county's direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall

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be equitable among applicable users of such county's roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telegraph or telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42.'

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

Approved May 12, 2008.

GENERAL PROVISIONS -ANIMALSCRIMES -FOOD- RATITES; CLASSIFY AS POULTRY.
No. 534 (Senate Bill No. 364).
AN ACT
To extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 ofthe Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to change certain provisions relating to definitions relative to livestock running at large or straying; to change certain provisions relating to a definition of livestock relative to control of infectious or contagious diseases in livestock generally; to change certain provisions relating to definitions relative to live poultry dealers, brokers, and market operators; to change certain provisions relating to definitions relative to livestock dealers; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; to change certain provisions relating to detention of carcasses, meat, and meat food products suspected of being adulterated or

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misbranded and removal of official marks; to change certain provisions relating to seizure and condemnation of carcasses, meat, and meat food products, release bond, and costs; to change certain provisions relating to duties of meat inspectors; to change certain provisions relating to examinations and inspections of ratite or nontraditional livestock carcasses, meats, and meat food products; to change certain provisions relating to inspection of animals prior to slaughter or preparation, examination and slaughtering of diseased animals, examination and inspection of method, and right of Commissioner to deny or suspend inspections; to change certain provisions relating to post-mortem inspection and marking of carcasses and parts, disposition ofcondemned carcasses and parts, reinspection, and removal ofinspectors; to change certain provisions relating to inspection of carcasses, parts, meat, and meat products brought into or returned to slaughtering or packing establishments; to change certain provisions relating to limitations on entry of carcasses, parts, meat, and meat products; to change certain provisions relating to sanitary inspections of slaughter and packing establishments, sanitation regulations, and labeling adulterated meat and meat food products; to change certain provisions relating to inspection of animals and food products thereof slaughtered and prepared at nighttime; to change certain provisions relating to slaughter, preparation, sale, or transportation of animals, meat, or meat food products generally; to change certain provisions relating to approved methods for handling and slaughtering of animals and designation by Commissioner of methods of handling and slaughtering; to change certain provisions relating to inspection exceptions and labeling and handling of custom slaughtered and prepared meat or meat food products; to change certain provisions relating to storage and handling regulations for carcasses, meat, and meat food products; to change certain provisions relating to buying, selling, transporting, or receiving of dead, dying, disabled, or diseased animals; to change certain provisions relating to registration of dealers in dead, dying, diseased, or disabled animals; to change certain provisions relating to maintenance and inspection of records; to change certain provisions relating to unlawful acts relative to milk and milk products; to change certain provisions relating to definitions relative to sale of meat, poultry, or seafood from mobile 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. Title 1 of the Official Code ofGeorgia Annotated, relating to general provisions, is amended by revising paragraphs (4.1) and (16.1) of Code Section 1-3-3, relating to definitions, as follows:
'(4.1) 'Agriculture,' 'agricultural operations,' or 'agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys;

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producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. If the term 'agriculture,' 'agricultural operations,' or 'agricultural or farm products' is defined in Title 2, Title 4, Title I0, or Title 11 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the definition contained in this paragraph. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state.' '(16.1) 'Ratites' mean any members of the ratite family, including but not limited to ostriches, emus, and rheas, which are not indigenous to this state and which are raised for the purpose of producing meat, fiber, or animal by-products or as breeding stock. For the purposes of the laws of this state, ratites shall be treated as poultry and the term poultry as used in this Code or any law of this state shall include ratites unless such ratites are specifically excluded from the operation of any such law or unless such law or the operation thereof is restricted to a certain type of poultry.'

SECTION 2. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising subsection (a) of Code Section 4-2-1, relating to mark, brand, or tattoo registration certificates, as follows:
"(a) Any person owning any livestock and desiring to register a mark, brand, or tattoo shall apply to the Commissioner for a certificate of mark, brand, or tattoo registration. Application for a certificate shall be made on forms provided by the department. Applications shall contain or be accompanied by such information as may be required by rule or regulation. In issuing certificates, the Commissioner shall not issue certificates to more than one person for the same or substantially identical marks, brands, or tattoos. There shall be no charge or fee for registration.'

SECTION 3. Said title is further amended by revising paragraph (I) of Code Section 4-3-2, relating to definitions relative to livestock running at large or straying, as follows:
'(I) 'Livestock' means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals.'

SECTION 4. Said title is further amended by revising paragraph (I) of Code Section 4-4-1.1, relating to a definition of livestock relative to control of infectious or contagious diseases in livestock generally, as follows:
'(I) 'Livestock' means cattle, swine, equines, poultry, sheep, goats, nontraditional livestock, and ruminants.'

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SECTION 5. Said title is further amended by revising paragraph (3) of Code Section 4-4-80, relating to definitions relative to live poultry dealers, brokers, and market operators, as follows:
'(3) 'Poultry' means domestic fowl including, but not limited to, water fowl such as geese and ducks; birds which are bred for meat and egg production, exhibition, or competition; game birds such as pheasants, partridge, quail, and grouse, as well as guinea fowl, pigeons, doves, peafowl; ratites; and all other avian species."
SECTION 6. Said title is further amended by revising paragraph (4) of Code Section 4-6-1, relating to definitions relative to livestock dealers, as follows:
'(4) 'Livestock' means cattle, swine, equines, sheep, and goats of all kinds and species."
SECTION 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (b) of Code Section 16-8-20, relating to livestock theft, as follows:
'(b) For the purposes ofthis Code section, the term 'livestock' means horses, cattle, swine, sheep, goats, rabbits, and any domestic animal produced as food for human consumption."
SECTION 8. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising paragraphs (2), (11 ), (12), and (20) of Code Section 26-2-62, relating to definitions relative to meat inspection generally, as follows:
'(2) 'Animal food manufacturer' means any person, firm, or corporation engaged in the business of manufacturing or processing food for animals, such food being derived wholly or in part from carcasses or parts or products of the carcasses of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines." '(11) 'Meat broker' means any person, firm, or corporation engaged in the business of buying or selling, on commission, carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or otherwise negotiating purchases or sales of such articles other than for his or her own account or as an employee of another person, firm, or corporation. (12) 'Meat food product' means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, nontraditional livestock, rabbits, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or which historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the Commissioner under such conditions as the Commissioner may prescribe by regulation to assure that the meat or

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other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, nontraditional livestock, rabbits, and goats.' '(20) 'Renderer' means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, except rendering conducted under inspection under Code Sections 26-2-100 through 26-2-115.'

SECTION 9. Said title is further amended by revising Code Section 26-2-84, relating to detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded and removal of official marks, as follows:
'26-2-84. Whenever any carcass, part ofa carcass, meat, or meat food product ofcattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine is found by any authorized representative of the Commissioner upon any premises where it is held for purposes of, or during or after. distribution and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation ofPart 3 ofthis article or Title I of the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed 20 days, pending action under Code Section 26-2-86 or notification of any federal authorities having jurisdiction over such article or animal; and it shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction ofthe Commissioner that the article or animal is eligible to retain such marks.'

SECTION 10. Said title is further amended by revising subsection (a) of Code Section 26-2-85, relating to seizure and condemnation of carcasses, meat, and meat food products, release bond, and costs, as follows:
'(a) Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received

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for distribution in violation of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found.'

SECTION 11. Said title is further amended by revising Code Section 26-2-100, relating to duties of meat inspectors, as follows:
'26-2-1 00. The Commissioner shall appoint, from time to time, inspectors to make examination and inspection ofall cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, the inspection of which is provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products are prepared. Said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment described in this chapter until the same shall have actually been inspected and found to be not adulterated. Said inspectors shall perform such other duties as are provided by this article and by the rules and regulations to be promulgated by the Commissioner.'

SECTION 12. Said title is further amended by revising Code Section 26-2-100.1, relating to examinations and inspections ofratite or nontraditional livestock carcasses, meats, and meat food products, as follows:
'26-2-1 00.1. All examinations and inspections of nontraditional livestock carcasses and parts thereof, ofnontraditional livestock meats and meat food products thereof, of sanitary conditions of all establishments in which nontraditional livestock meat and meat food products are prepared, and any other examination or inspection ofnontraditional livestock and products thereof under or pursuant to this article shall be conducted by and through a voluntary inspection program with all costs thereof paid by the establishment slaughtering the nontraditional livestock or preparing such meat or meat food product, at rates established by the Commissioner.'

SECTION 13. Said title is further amended by revising Code Section 26-2-102, relating to inspection of animals prior to slaughter or preparation, examination and slaughtering of diseased animals, examination and inspection of method, and right of Commissioner to deny or suspend inspections, as follows:

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'26-2-102. (a) For the purpose of preventing the use in commerce of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection ofall cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted for commerce. (b) All cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines; and, when so slaughtered, the carcasses of said cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations promulgated by the Commissioner. (c) For the purpose of preventing the inhumane slaughtering of livestock, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this article. The Commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the Commissioner finds that any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with paragraph (2) of Code Section 26-2-110 and Code Section 26-2-110.1 until the establishment furnishes assurances satisfactory to the Commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.'

SECTION 14. Said title is further amended by revising subsection (a) of Code Section 26-2-103, relating to post-mortem inspection and marking of carcasses and parts, disposition of condemned carcasses and parts, reinspection, and removal of inspectors, as follows:
'(a) The Commissioner shall cause to be made, by inspectors appointed for that purpose, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this state in which such articles are prepared for commerce.'

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SECTION 15. Said title is further amended by revising subsection (a) of Code Section 26-2-104, relating to inspection of carcasses, parts, meat, and meat products brought into or returned to slaughtering or packing establishments; limitations on entry of carcasses, parts, meat, and meat products, as follows:
'(a) Code Sections 26-2-102 and 26-2-103 shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where inspection under this part is maintained; and such examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products.'

SECTION 16. Said title is further amended by revising Code Section 26-2-108, relating to sanitary inspections of slaughter and packing establishments, sanitation regulations, and labeling adulterated meat and meat food products, as follows:
'26-2-108. The Commissioner shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection as may be necessary to inform himself or herself about the sanitary conditions ofall slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared for commerce. The Commissioner shall prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and, where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, the Commissioner shall refuse to allow the meat or meat food products to be labeled, marked, stamped, or tagged as 'Inspected and Passed.'"

SECTION 17. Said title is further amended by revising Code Section 26-2-109, relating to inspection of animals and food products thereof slaughtered and prepared at nighttime, as follows:
'26-2-109. The Commissioner shall cause an examination and inspection of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, and the food products thereof, slaughtered and prepared in the establishments described in this part. Such inspection shall be made during the nighttime as well as during the daytime, when the slaughtering of said cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines or the preparation of said food products is conducted during the nighttime.'

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SECTION 18. Said title is further amended by revising Code Section 26-2-110, relating to slaughter, preparation, sale, or transportation of animals, meat, or meat food products generally, as follows:
'26-2-110. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat, or meat food products of any such animals:
(I) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with this article; (2) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Code Section 26-2-110.1; (3) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce:
(A) Any such articles which: (i) Are capable of use as human food; and (ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or
(B) Any articles required to be inspected under this part unless they have been so inspected and passed; or (4) With respect to any such articles which are capable of use as human food, do any act while they are being transported in commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.'

SECTION 19. Said title is further amended by revising paragraph (I) of subsection (a) of Code Section 26-2-110.1, relating to approved methods for handling and slaughtering of animals and designation by Commissioner of methods of handling and slaughtering, as follows:
'(I) In the case of cattle, calves, horses, mules, sheep, swine, nontraditional livestock, rabbits, and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical, or other means which is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or'

SECTION 20. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 26-2-112, relating to inspection exceptions and labeling and handling of custom slaughtered and prepared meat or meat food products, as follows:
'(2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, nontraditional livestock, rabbits, or goats delivered by the owner thereof for such

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slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by the owner and members of his or her household and his or her nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, nontraditional livestock, rabbits, or goats of his or her own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him or her and members of his or her household and his or her nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked 'Not for Sale' immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or'

SECTION 21. Said title is further amended by revising Code Section 26-2-113, relating to storage and handling regulations for carcasses, meat, and meat food products, as follows:
'26-2-113. The Commissioner may by regulations prescribe conditions under which carcasses, parts ofcarcasses, meat, and meat food products ofcattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting such articles whenever the Commissioner deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

SECTION 22. Said title is further amended by revising Code Section 26-2-130, relating to buying, selling, transporting, or receiving of dead, dying, disabled, or diseased animals, as follows:

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"26-2-130. No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any such animals, shall buy, sell, transport, offer for sale or transportation, or receive for transportation any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of the carcasses of any such animals, unless such transaction or transportation is made in accordance with such regulations as the Commissioner may promulgate, to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes."

SECTION 23. Said title is further amended by revising Code Section 26-2-131, relating to registration of dealers in dead, dying, diseased, or disabled animals, as follows:
"26-2-131. No person, firm, or corporation shall engage in business as a meat broker, renderer, or animal food manufacturer or engage in business as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles, or engage in the business of buying, selling, or transporting in commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of such carcasses of any such animals unless, when required by regulations of the Commissioner, he or she has registered with the Commissioner his or her name and the address of each place of business at which, and all trade names under which, he or she conducts such business:

SECTION 24. Said title is further amended by revising paragraphs (I) and (3) of subsection (a) of Code Section 26-2-132, relating to maintenance and inspection of records, as follows:
"(!) Any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food;" "(3) Any persons, firms, or corporations that engage in business as renderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of such carcasses."

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SECTION 25. Said title is further amended by revising paragraph (2) of Code Section 26-2-249, relating to unlawful acts relative to milk and milk products, as follows:
'(2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept;'

SECTION 26. Said title is further amended by revising paragraphs (I) and (3) of Code Section 26-2-410, relating to definitions relative to sale of meat, poultry, or seafood from mobile vehicles, as follows:
'(1) 'Meat' means the carcass or any part of any carcass of any animal or any by-product thereof in any form.' '(3) 'Poultry' means domestic fowl including, but not limited to, water fowl such as geese and ducks; birds which are bred for meat or egg production; game birds such as pheasants, partridge, quail, and grouse, as well as guinea fowl, pigeons, doves, and peafowl; ratites; and all other avian species.'

SECTION 27. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 12, 2008.

INSURANCE- SOFTWARE; ADMITTED ASSET.
No. 535 (Senate Bill No. 347).
AN ACT
To amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, is amended by revising paragraph (3) of Code Section 33-10-1, relating to assets considered in determining financial condition of insurers generally, as follows:
'(3) Electronic and mechanical machines and software, as such term is defined in paragraph (74) ofCode Section 11-9-102, constituting a data processing, record-keeping, or accounting system if the cost of such system does not exceed 10 percent of admitted assets or $7,500,000.00, whichever is less;'.

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 12,2008.

PUBLIC OFFICERS -REVISE INDEMNIFICATION FUND AND COMMISSION.
No. 536 (Senate Bill No. 254).
AN ACT
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide that the Department of Administrative Services shall be the custodian and administrator of the Georgia State Indemnification Fund; to define certain terms; to provide that the department shall approve or deny claims for indemnification for permanent disability or death; to provide for the composition of the Georgia State Indemnification Commission; to provide that such commission shall review decisions of the department relative to the approval or denial of claims for indemnification; to provide for a schedule of indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for claims for indemnification for temporary disability; to provide for restrictions; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by revising Article 5, relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, as follows:

'ARTICLE 5 Part 1

45-9-81. As used in this part, the term:
(1) 'Commission' means the Georgia State Indemnification Commission. (2) 'Department' means the Department of Administrative Services. (3) 'Emergency management rescue specialist' means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36. (4) 'Emergency medical technician' includes only persons who:
(A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and (B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government. (5)(A) 'Firefighter' means any person who is employed as a professional firefighter on a full-time or part-time basis by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Firefighter' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department, or any employee of the Georgia Forestry Commission whose job duties include fire mitigation, who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) 'Firefighter' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property,

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enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (6) 'In the line of duty' means: (A) With respect to an emergency medical technician or an emergency management rescue specialist, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a volunteer firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property including, without limitation, actual participation in a training exercise; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing total permanent disability or partial permanent disability shall not be considered in the line of duty if the officer or firefighter is entitled to worker's compensation benefits from the private employer or the private employer's insurer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 32-1-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment. Such term shall not mean commuting to or from work or commuting to or from training. (7) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from

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a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the GeorgiaNational Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. (8) 'Organic brain damage' means direct physical trauma to the brain which so affects the mental capacity as to preclude function productively in any employment. (9) 'Partial permanent disability' means disability due to:
(A) Loss of the use of one eye or blindness in one eye with only light perception; (B) Loss of one hand; (C) Loss of one leg; or (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair for all but very short distances. (1 0) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime. (11) 'State highway employee' means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 32-1-3. (12) 'Total permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair at all times; or (E) Organic brain damage.

45-9-82. (a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, firefighter, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973;

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(2) Permanent disability of any law enforcement officer, firefighter, or prison guard who is or has been permanently disabled in the line of duty subsequent to January I, 1973; (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January I, 1977; (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991; and (5) Death or permanent disability of any state highway employee who is killed or permanently disabled in the line of duty on or after January I, 1990. (b) Such program shall be administered by the department, subject to review by the commission.

45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the executive director of the Peace Officer Standards and Training Council, the executive director of the Georgia Firefighter Standards and Training Council, the commissioner of public safety, the commissioner of transportation, the commissioner of corrections, the commissioner of human resources, one law enforcement officer who shall be a member of the Peace Officers' Association of Georgia appointed by the Governor from a list of five candidates provided by such organization, and one firefighter who shall be a member of the Georgia State Firemen's Association appointed by the Governor from a list of five candidates provided by such organization. The Governor shall be the chairperson of the commission and the commission shall be assigned to the department for administrative purposes. The commission shall meet at least semiannually upon the call of the Governor.

45-9-84. The commission is authorized to consider appeals of decisions ofthe department to correct errors made by the department in approving or denying any claim filed pursuant to this article. The commission may modify or override the decision of the department upon a showing of an error of material fact or an abuse of discretion. The department and the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources ofsuch agencies to assist the commission in carrying out its duties.

45-9-84.1. There is created a fund to be known as the Georgia State Indemnification Fund. The custodian of the Georgia State Indemnification Fund shall be the department. The department shall administer the Georgia State Indemnification Fund and shall approve or deny claims for compensation filed pursuant to this article; provided, however, that any decision of the department shall be subject to review by the commission as provided in Code Section 45-9-84. Any amounts held by the Georgia State Indemnification Fund

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which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the Georgia State Indemnification Fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 50-SA-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the Georgia State Indemnification Fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services.

45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, firefighter, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January I, 1973, the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January I, 1977, the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January I, 1991, and the death or disability of any state highway employee who is or has been killed or permanently disabled in the line of duty subsequent to January I, 1990, as well as defraying the expenses and costs incurred by the department and the commission in the administration of this part. In addition, the department is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse.

45-9-84.3. The department is authorized, subject to the limitations contained in this part:
(1) To pay the appropriate indemnification to the persons eligible for indemnification under this part from the proceeds of the Georgia State Indemnification Fund; (2) To make such payments as may be necessary to defray the expenses and costs incurred by the department and the commission in administering this part; and (3) With the approval of the commission, to utilize the resources of the Georgia State Indemnification Fund to purchase insurance to provide for such indemnification.

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45-9-85. (a) Indemnification shall be paid under this article as follows:
(I) In the case of a partial permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or prison guard, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (2) In the case of a partial permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of$12,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (3) In the case of a total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or prison guard, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (4) In the case of a total permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of$25,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (5) In the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of$100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (6) In the case of death or organic brain damage suffered in the line of duty by a state highway employee, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of$40,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (b) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer, firefighter, emergency medical technician,

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emergency management rescue specialist, prison guard, or state highway employee has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (a) of this Code section. (c) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84.

45-9-86. (a) An application for indemnification with respect to a claim for total permanent disability or partial permanent disability of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by his or her legal guardian. (b) An application for indemnification with respect to a claim for the death of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by or on behalf of the surviving unremarried spouse or dependents eligible under this part. (c) An application for indemnification with respect to death, organic brain damage, total permanent disability, or partial permanent disability must be made within 24 months after the date of the incident giving rise to the death, organic brain damage, or disability.

45-9-87. It is the intent of the General Assembly that indemnification paid pursuant to this part shall not be taxable within this state for any purpose.

45-9-88. (a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer. (b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person; provided, however, that this subsection shall not preclude the department or the commission from considering competent, independent medical evidence as to whether a heart attack that occurs shortly after fighting a fire was caused by the strain of fighting the fire.

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45-9-89. The commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details.

45-9-90. (a) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony.

Part 2

45-9-100. The purpose of this part is to implement the constitutional amendment ratified November 7, 2000, authorizing the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firefighters who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or firefighter to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment, not exceeding 12 months, and to provide certain exceptions and limitations with respect to such program of compensation.

45-9-101. As used in this part, the term:
(1) 'Commission' means the Georgia State Indemnification Commission created in Code Section 45-9-83. (2) 'Department' means the Department of Administrative Services. (3) 'Firefighter' means:
(A) Any person who is employed as a professional firefighter on a full-time or part-time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when

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responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; (B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or (C) Any employee at the Georgia Forestry Commission whose job duties include fire mitigation. (4) 'Full-time' means an employee who regularly works 30 hours or more each week. (5) 'In the line of duty' means: (A) With respect to a volunteer firefighter, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or (B) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or firefighter, while offduty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's bodily injury, but not permanent disability, shall not be considered in the line of duty if the officer or firefighter is entitled to worker's compensation benefits from the private employer or the private employer's insurer. (6) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty and when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty. (7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of

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juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. (8) 'Volunteer firefighter' means a person who is appointed and regularly enrolled as a volunteer with a legally organized fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility ofpreventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)( I )(D) of Code Section 25-3-23.

45-9-102. (a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July I, 200 I, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July I, 200 I, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the commission from funds appropriated to the commission for such purpose. (b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the department in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation ofa volunteer firefighter covered under subparagraph (2)(B) of Code Section 45-9-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the department satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof. (c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits, disability and other compensation benefits from the person's employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers' compensation benefits and other

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compensation benefits actually paid and the amount of the law enforcement officer's or firefighter's regular compensation; provided, however, that benefits shall never exceed the person's regular compensation minus the maximum weekly workers compensation benefit level for that person whether or not workers' compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. (d) A law enforcement officer or firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9. (e) A law enforcement officer or firefighter who is disabled and who receives indemnification under Part I of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part I of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part I of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled under Part I reduced by the total amount of benefits received under this Code section. (f) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer has been temporarily disabled due to a willful act of violence or that a firefighter has been temporarily disabled while fighting a fire and is entitled to indemnification under this part, the department shall be authorized to make the appropriate payments to the temporarily disabled law enforcement officer or firefighter. (g) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84.

45-9-103. An application for compensation with respect to a claim filed on or after July I, 200 I, for the temporary disability of a law enforcement officer or firefighter shall be submitted by that person within 60 days from the date of the incident resulting in disability.

45-9-104. (a) No compensation shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the disability of the law enforcement officer or firefighter. (b) Notwithstanding any other provision of this article, no payment shall be authorized if disability occurs from intentionally self-inflicted injuries or natural causes or while

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performing routine duties which would not be strenuous or dangerous if performed by persons of average physical abilities.

45-9-105. (a) Any person who shall knowingly give false information or false testimony causing or intending to cause the payment of compensation which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony.'

SECTION 2. This Act shall become effective on July I, 2008, and shall apply to all incidents occurring on or after that date.

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

Approved May 12, 2008.

INSURANCE -WAIVER OF RETALIATORY ACTIONS.
No. 537 (Senate Bill No. 213).
AN ACT
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide that the Commissioner of Insurance is authorized to waive retaliatory obligations, prohibitions, or restrictions under certain circumstances; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 ofTitle 33 ofthe Official Code ofGeorgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by revising Code Section 33-3-26, relating to retaliation, as follows:

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'33-3-26. (a) When by or pursuant to the laws of any other state or foreign country any taxes, licenses, and other fees in the aggregate and any fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions are or would be imposed upon Georgia insurers or upon the agents or representatives of such insurers which are in excess of such taxes, licenses, and other fees in the aggregate or which are in excess of the fines, penalties, deposit requirements, or other obligations, prohibitions, or restrictions directly imposed upon similar insurers or upon the agents or representatives of such insurers ofsuch other state or country under the statutes of this state, so long as such laws of such other state or country continue in force or are so applied, the same taxes, licenses, and other fees in the aggregate or fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions of whatever kind shall be imposed by the Commissioner upon the insurers or upon the agents or representatives of such insurers of such other state or country doing business or seeking to do business in Georgia. Any tax, license, or other fee or other obligation imposed by any city, county, or other political subdivision or agency of such other state or country on Georgia insurers or their agents or representatives shall be deemed to be imposed by such state or country within the meaning of this Code section. (b) The Commissioner may waive any retaliatory obligations, prohibitions, or restrictions that would prohibit entry into this state of any insurer domiciled in another state and that would otherwise be imposed by subsection (a) of this Code section if, in his or her discretion, the entry of such insurer would be expected to enhance competition in this state and would be in the best interests of the citizens of this state. The discretion provided by this subsection shall not extend to any retaliatory taxes, fees, fines, penalties, or deposit requirements. (c) This Code section shall not apply as to personal income taxes, as to ad valorem taxes on real or personal property, or as to special purpose obligations or assessments imposed by another state in connection with particular kinds of insurance other than property insurance, except that deductions from premium taxes or other taxes otherwise payable allowed on account of real estate or personal property taxes paid shall be taken into consideration by the Commissioner in determining the propriety and extent of retaliatory action under this Code section. (d) For the purposes of this Code section, the domicile of an alien insurer other than insurers formed under the laws of Canada shall be that state designated by the insurer in writing filed with the Commissioner at the time of admission to this state and may be any one of the following states:
(I) This state if the insurer is entering through this state to transact insurance in the United States through a United States branch; (2) That in which the insurer was first authorized to transact insurance; (3) That in which is located the insurer's principal place of business in the United States; or

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(4) That in which is held the larger deposit of trusteed assets of the insurer for the protection of its policyholders and creditors in the United States. (e) If the insurer makes no such designation, its domicile shall be deemed to be that state in which is located its principal place of business in the United States. (f) In the case of an insurer formed under the laws of Canada or a province thereof, its domicile shall be deemed to be that province in which its head office is situated.'

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

Approved May 12, 2008.

JOINT STUDY COMMITTEE ON TEACHER TRAINING AND CERTIFICATION.
No. 538 (House Resolution No. 1103).
A RESOLUTION
Creating the Joint Study Committee on Teacher Training and Certification; and for other purposes.
WHEREAS, Georgia's over 100,000 teachers are the cornerstone of the state's public education system; and
WHEREAS, because of the importance of providing a quality education to every student, it is critical that teachers be appropriately educated and prepared to serve in classrooms across this state; and
WHEREAS, in order to appropriately educate and prepare individuals to become effective and engaging teachers, the teacher education programs that are offered in the public and private universities and colleges in this state must provide strong curricula, courses, and instruction; and
WHEREAS, the ongoing certification and education requirements ofexisting teachers is also a critical component in helping to maintain the level and quality of instruction in our schools; and

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WHEREAS, the General Assembly believes that it would be beneficial to assess Georgia's teacher training programs and certification process and requirements and their impact on the students in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that there is created the Joint Study Committee on Teacher Training and Certification which shall consist of 16 members as follows:
(1) The chairperson of the House Committee on Education or his or her designee; (2) The chairperson of the Senate Education and Youth Committee or his or her designee; (3) The chairperson of the House Committee on Higher Education or his or her designee; (4) The chairperson of the Senate Higher Education Committee or his or her designee; (5) One member of the House Committee on Education to be appointed by the Speaker of the House of Representatives; (6) One member of the Senate Education and Youth Committee to be appointed by the President of the Senate; (7) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives; (8) One member of the Senate to be appointed by the President of the Senate; (9) One teacher appointed by the Speaker of the House of Representatives; (10) One teacher appointed by the President of the Senate; (11) One local school superintendent appointed by the Speaker of the House of Representatives; (12) One principal appointed by the President of the Senate; (13) The Chancellor of the University System of Georgia or his or her designee; (14) The State Superintendent of Schools or his or her designee; (15) The Executive Secretary of the Professional Standards Commission or his or her designee; and (16) One representative of a private nonprofit college or university in Georgia which has a teacher education program, appointed by the Speaker of the House of Representitives. The chairpersons of the House Committee on Education and Senate Education and Youth Committee, or their designees, shall serve as cochairpersons of the committee. The cochairpersons shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study ofthe conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative

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committees but shall receive the same for not more than three days unless an additional two days are authorized by the Speaker and the Lieutenant Governor. Members ofthe committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee but shall be reimbursed for expenses incurred by them in the performance of their duties as members ofthe committee. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. In the event that the committee makes a report of its findings and recommendations for proposed legislation, such report shall be made no later than December 31, 2008. The committee shall stand abolished on December 31, 2008.

Approved May 12, 2008.

COURTS- CRIMINAL PROCEDURESEXUAL ASSAULT PROTOCOL; VICTIM PROTECTIONS.
No. 539 (House Bill No. 1297).
AN ACT
To amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide that failure to follow the sexual assault protocol shall not preclude the admissibility ofevidence; to provide for preservation of evidence; to allow victims ofcertain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain 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:

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SECTION I. Chapter 24 of Title 15 of the Official Code of Georgia Annotated, relating to sexual assault protocol, is amended by revising subsections (d) and (e) of Code Section 15-24-2, relating to the establishment of sexual assault protocol committee and its purpose, as follows:
'(d) The protocol committee shall adopt a written sexual assault protocol, a copy of which shall be furnished to each agency in the judicial circuit that handles cases of sexual assault. The protocol shall be a written document outlining in detail the procedures to be used in investigating, collecting evidence, paying for expenses related to evidence collection, and prosecuting cases arising from alleged sexual assault and shall take into consideration the provisions of Article 4 of Chapter 5 of Title I 7. The protocol may provide for different procedures to be used within particular municipalities or counties within the judicial circuit. The protocol committee shall adopt a written sexual assault protocol no later than December 31, 2004. The protocol committee may incorporate sexual assault protocols used in the judicial circuit as they existed on or before July I, 2004. (e) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in sexual assault cases so as to increase the efficiency of all agencies handling such cases and to minimize the stress created for the alleged sexual assault victim by the legal and investigatory process; provided, however, that a failure by an agency to follow the protocol shall not constitute an affirmative or other defense to prosecution of a sexual assault, preclude the admissibility of evidence, nor shall a failure by an agency to follow the protocol give rise to a civil cause of action.'

SECTION 2. Title I 7 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (b) of Code Section 17-5-56, relating to maintenance of physical evidence containing biological material, as follows:
'(b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. In a case that involves the prosecution of a serious violent felony as defined by Code Section 17-10-6.1, a violation of Code Section 16-6-5.1, or sodomy, statutory rape, child molestation, bestiality, incest, or sexual battery as those terms are defined in Chapter 6 of Title 16, the evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime shall be maintained for ten years after judgment in the criminal case becomes final or ten years after May 27, 2003, whichever is later. Evidence in all other felony and misdemeanor cases may be purged.'

SECTION 3. Said title is further amended by revising Chapter 5, relating to searches and seizures, by adding a new article to read as follows:

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'ARTICLE 4

17-5-70. As used in this article, the term:
(1) 'Forensic medical examination' means an examination by a health care provider of a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and collection of physical evidence from the victim. (2) 'Investigating law enforcement agency' means the law enforcement agency responsible for the investigation of the alleged sexual assault. (3) 'Sexual assault' means rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, sexual assault against a person in custody, sexual assault against a person detained in a hospital or other institution, sexual assault by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and aggravated sexual battery as those terms and offenses are set forth and defined in Chapter 6 of Title 16.

17-5-71. (a) Except as otherwise provided in subsection (b) of this Code section or Code Section 17-5-55 or 17-5-56, on or after the effective date of this Act, the investigating law enforcement agency shall maintain any physical evidence collected as a result ofan alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of an alleged sexual assault, for ten years after the report of the alleged sexual assault. (b) If the victim does not cooperate with law enforcement in the investigation or prosecution of an alleged sexual assault, the investigating law enforcement agency shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected.

17-5-72. A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost of a forensic medical examination. The cost of a forensic medical examination shall be paid for by the investigating law enforcement agency.

17-5-73. No prosecuting attorney, investigating law enforcement agency, or government official shall ask or require any victim of a sexual assault to submit to a polygraph examination or

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any other truth-telling device as a condition precedent to investigating such alleged crime. The refusal of a victim to submit to a polygraph examination or any other truth-telling device shall not prevent an investigation or prosecution of any sexual assault."

SECTION 4. Said title is further amended by revising Code Section 17-15-12, relating to the effect of accepting an award, as follows:
'I 7-15-I2. (a) Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. The board may waive subrogation when the victim or claimant presents documentation and the board verifies that judgment, settlement, or other sources have not fully reimbursed the victim or claimant for expenses compensable under this chapter. (b) Acceptance of an award made pursuant to this chapter based on damages from a criminal act shall constitute an agreement on the part of the recipient reasonably to pursue any and all civil remedies arising from any right of action against the person or persons responsible for or committing the act.'

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 I2, 2008.

ANIMALS-REMOVAL OF DOG COLLARS.
No. 540 (Senate Bill No. 16).
AN ACT
To amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; to provide for restitution; to provide for exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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judge of the courts of the Alcovy, Atlanta, and Brunswick judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and term of office of each such judge; to provide for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities ofjudges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; 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 superior court judges for each judicial circuit, is amended by revising paragraphs (2), (3), and (7) as follows:

'(2) Alcovy Circuit.

5'

'(3) Atlanta Circuit.

20'

'(7) Brunswick Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5'

PART II SECTION 2-1.
A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to five the number of judges of said circuit.

SECTION 2-2. The additional judge ofthe superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2009, and expiring December 31, 2010, and until his or her successor is elected and qualified. At the general election to be held in 2010, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2011, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now

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or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

SECTION 2-3. The additional judge of the superior courts of the Alcovy Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 2-4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts ofthe Alcovy Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.

SECTION 2-5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.

SECTION 2-6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.

SECTION 2-7. The five judges of the superior courts of the Alcovy Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration ofthe present court reporters of the Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed.

SECTION 2-8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges.

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PART III SECTION 3-1.

A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 20 the number of judges of said circuit.

SECTION 3-2. The additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2009, and expiring December 31, 20 I0, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election ofjudges of the superior courts of this state at the general election in November, 2010, for a term of four years beginning on January 1, 2011, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election ofjudges of the superior courts of this state.

SECTION 3-3. Said additional judge of the Atlanta Judicial Circuit 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 ofthe judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit.

SECTION 3-4. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Atlanta Judicial Circuit. 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 3-5. The compensation, salary, and contingent expense allowance of said additional judge of the Atlanta Judicial Circuit shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act.

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PART IV SECTION 4-1.

A new judge of the superior court is added to the Brunswick Judicial Circuit, thereby increasing to five the number of judges of said circuit.

SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning July I, 2009, and continuing through December 31, 2010, and until his or her successor is elected and qualified; such judge shall take office on the date ofhis 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 2010, for a term of four years beginning on January I, 2011, 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 ofJanuary following the date ofthe election.

SECTION 4-3. The additional judge ofthe superior courts ofthe Brunswick 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 Brunswick 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 ofthe superior courts of the Brunswick 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 Brunswick 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 Brunswick 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

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Act to provide five 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 Brunswick Judicial Circuit, the five 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 ofGeorgia as they deem suitable and proper for the effective transaction ofthe business of the 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 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 five judges of the Brunswick 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 ofthe Brunswick Judicial Circuit may bear teste in the name of any judge of the Brunswick 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 ofany judge ofthe circuit, the governing authorities ofthe counties comprising the Brunswick Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment,

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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.

PARTY SECTION 5-l.

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 S-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2009.

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

Approved May 12, 2008.

HIGHWAYS -RAIL CROSSINGS; SCHOOL BUSES.
No. 543 (House Bill No. 426).
AN ACT
To amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to provide for legislative findings; to define a certain term; to provide that local school districts shall provide the Department of Transportation with information regarding rail crossings without active warning devices that are used by school buses; to provide that local school districts shall use best efforts to reroute buses to minimize use of such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The General Assembly is interested in increasing safety at railroad crossings, especially crossings used by school buses, and therefore finds that certain legislation may enhance such safety.

SECTION 2. Code Section 32-6-200 ofthe Official Code ofGeorgia Annotated, relating to the installation of protective devices at railroad grade crossings, is amended by adding a new subsection to read as follows:
'(d)(l) As used in this subsection, the term 'active warning devices' means automated control gates, lights, and warning bells, used singly or in any combination. (2) Each local school district in this state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices on an established bus route. Each local school district shall be required to submit this information to the department each year by no later than September 1. (3) Each local school district shall exercise best efforts to minimize the number of established school bus routes that cross rail crossings that do not have active warning devices. (4) The department shall use the information about school bus routes as an important factor in selecting rail crossings to upgrade with active warning devices.'

SECTION 3. This Act shall become effective on January I, 2009.

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

Approved May 12, 2008.

MOTOR VEHICLES- CLINICAL EVALUATIONS; TREATMENT PROGRAMS; DUI PUNISHMENT.
No. 544 (House Bill No. 336).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to clinical evaluations and

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substance abuse treatment programs for certain offenders; to amend Code Section 40-6-391 ofthe Official Code ofGeorgia Annotated, relating to driving under the influence ofalcohol, drugs, or other intoxicating substances, so as to revise the punishment provisions related to driving under the influence ofalcohol, drugs, or other intoxicating substances; to provide that a fourth violation of the crime of driving under the influence within ten years is a felony; 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 5 of Title 40 ofthe Official Code ofGeorgia Annotated, relating to drivers' licenses, is amended by revising Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, as follows:
'40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions for violating Code Section 40-6-391 within ten 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, shall be required to undergo a clinical evaluation and, if recommended as a part of such evaluation, shall complete a substance abuse treatment program prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.'

SECTION 2. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, is amended by revising subsection (c) as follows:
(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty ofa high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows:

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(I) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates ofprevious arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 and not more than $1 ,000.00, which fine shall not, except as provided in subsection (g) ofthis Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part ofsuch evaluation, completion ofa substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion such evaluation may be waived; and (F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated; (2) For the second conviction within a ten-year period of time, as measured from the dates ofprevious arrests for which convictions were obtained or pleas ofnolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) ofthis Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration; (C) Not fewer than 30 days of community service;

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(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part ofsuch evaluation, completion ofa substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas ofnolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) ofthis Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; or (4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this

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paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part ofsuch evaluation, completion ofa substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July I, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection. (5) If a person has been convicted of violating subsection (k) of this Code section premised on a refusal to submit to required testing or where such person's alcohol concentration at the time of the offense was 0.08 grams or more, and such person is subsequently convicted ofviolating subsection (a) ofthis Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be considered a previous conviction of violating subsection (a) of this Code section. (6) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction. (7) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after July I, 2008, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisioils relating to punishment ofrecidivist offenders pursuant to Title 17.'

SECTION 3. Said Code section is further amended by revising subsection (d) as follows:
(d)( 1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and

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aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear misdemeanor or high and aggravated misdemeanor cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section.'

SECTION 4. Said Code section is further amended by revising paragraph (2) of subsection (g) as follows:
'(2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under subsection (c) of this Code section conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-I:

SECTIONS. This Act shall become effective on July 1, 2008, and shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (c) of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2008, shall be considered.

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

Approved May 12, 2008.

PROPERTY -CRIMES -HEALTH ANATOMICAL GIFTS;
COMPREHENSIVE REVISION.
No. 545 (Senate Bill No. 405).
AN ACT
To amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for

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a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for governing law; to provide for a donor registry; to provide for the effect of an anatomical gift on an advance directive for health care; to provide for cooperation between medical examiners and procurement organizations; to provide for facilitation of an anatomical gift from a decedent; to provide for applicability and statutory construction; to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, so as to revise certain provisions relating to buying and selling the human body or parts; to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to repeal a provision relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual; to amend the Official Code of Georgia Annotated, so as to revise various provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by repealing Article 6, known as the "Georgia Anatomical Gift Act," and inserting in its place a new Article 6 to read as follows:

nARTICLE 6

44-5-140. This article shall be known and may be cited as the 'Georgia Revised Uniform Anatomical Gift Act.'

44-5-141. As used in this article, the term:
(I) 'Adult' means an individual who is at least 18 years of age. (2) 'Agent' means an individual:
(A) Authorized to make health care decisions on the principal's behalf by an advance directive for health care or a durable power of attorney for health care; or (B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

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(3) 'Anatomical gift' means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. (4) 'Decedent' means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and a fetus. (5) 'Disinterested witness' means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical gift could pass under Code Section 44-5-149. (6) 'Document of gift' means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry. (7) 'Donor' means an individual whose body or part is the subject of an anatomical gift. (8) 'Donor registry' means a data base that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (9) 'Driver's license' means a license or permit issued by the Department of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit. (1 0) 'Eye bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (11) 'Guardian' means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. (12) 'Hospital' means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (13) 'Identification card' means an identification card for persons without drivers' licenses issued pursuant to Code Sections 40-5-100 through 40-5-104 by the Department of Driver Services. (14) 'Know' means to have actual knowledge. (15) 'Minor' means an individual who is under 18 years of age. (16) 'Organ procurement organization' means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (17) 'Parent' means a parent whose parental rights have not been terminated. (18) 'Part' means an organ, an eye, or tissue of a human being. The term does not include the whole body. (19) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

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(20) 'Physician' means an individual authorized to practice medicine or osteopathy under the law of any state. (21) 'Procurement organization' means an eye bank, organ procurement organization, or tissue bank. (22) 'Prospective donor' means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (23) 'Reasonably available' means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (24) 'Recipient' means an individual into whose body a decedent's part has been or is intended to be transplanted. (25) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (26) 'Refusal' means a record created under Code Section 44-5-145 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. (27) 'Sign' means, with the present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. (28) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (29) 'Technician' means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an individual who is authorized to remove eyes, known as an enucleator. (30) 'Tissue' means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education. (31) 'Tissue bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (32) 'Transplant hospital' means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

44-5-142. Subject to Code Section 44-5-146, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or

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education in the manner provided in Code Section 44-5-143 by: (1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a driver's license because the donor is at least 16 years of age; (2) An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift; (3) A parent of the donor, if the donor is an unemancipated minor; or (4) The donors guardian.

44-5-143. (a) A donor may make an anatomical gift:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) By granting power pursuant to a durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31. (5) As provided in subsection (b) of this Code section. (b) A donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

44-5-144. (a) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by:
(1) A record signed by: (A) The donor; (B) The other person; or

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(C) Subject to subsection (b) of this Code section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subparagraph (a)(! )(C) of this Code section shall: (I) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (I) of this subsection. (c) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills under Chapter 4 of Title 53 or as provided in subsection (a) of this Code section.

44-5-145. (a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(I) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (b) A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall: (I) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) An individual who has made a refusal may amend or revoke the refusal: (1) In the manner provided in subsection (a) of this Code section for making a refusal;

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(2) By subsequently making an anatomical gift pursuant to Code Section 44-5-143 that is inconsistent with the refusal; or (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in subsection (h) of Code Section 44-5-146, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

44-5-146. (a) Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f) of this Code section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donor's body or part under Code Section 44-5-144. (b) A donor's revocation of an anatomical gift of the donor's body or part under Code Section 44-5-144 is not a refusal and does not bar another person specified in Code Sections 44-5-142 and 44-5-147 from making an anatomical gift of the donor's body or part under Code Section 44-5-143 or 44-5-148. (c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donor's body or part under Code Section 44-5-144, another person may not make, amend, or revoke the gift of the donor's body or part under Code Section 44-5-148. (d) A revocation of an anatomical gift of a donor's body or part under Code Section 44-5-144 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Code Section 44-5-143 or 44-5-148. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part for one or more of the purposes set forth in Code Section 44-5-142 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Code Section 44-5-143 or 44-5-148. (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

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44-5-147. (a) Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under paragraph (2) of Code Section 44-5-142 immediately before the decedent's death; (2) The spouse of the decedent; (3) Adult children of the decedent; (4) Parents of the decedent; (5) Adult siblings of the decedent; (6) Adult grandchildren of the decedent; (7) Grandparents of the decedent; (8) The persons who were acting as the guardians of the person of the decedent at the time of death; (9) Any other person having the authority to dispose of the decedent's body; and (10) A representative ad litem who shall be appointed by a court of competent jurisdiction forthwith upon a petition heard ex parte filed by any person, which representative ad litem shall ascertain that no person of higher priority exists and is reasonably available who objects to the gift of all or any part of the decedent's body and that no evidence exists of the decedent's having made a communication expressing a desire that his or her body or body parts not be donated upon death. (b) If there is more than one member of a class listed in paragraph (1 ), (3), (4), (5), (6), (7), or (8) of subsection (a) of this Code section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class only if the person to which the gift may pass under Code Section 44-5-149 in good faith obtains a representation from the member that the member does not know of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this Code section is reasonably available to make or to object to the making of an anatomical gift.

44-5-148. (a) A person authorized to make an anatomical gift under Code Section 44-5-147 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

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(b) Subject to subsection (c) of this Code section, an anatomical gift by a person authorized under Code Section 44-5-147 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Code Section 44-5-147 may be:
(I) Amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) of this Code section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

44-5-149. (a) An anatomical gift may be made to the following persons named in the document of gift:
(1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subsection (b) ofthis Code section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or (3) An eye bank or tissue bank. (b) If an anatomical gift to an individual under paragraph (2) of subsection (a) ofthis Code section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this Code section in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this Code section but identifies the purpose for which an anatomical gift may be used, the following rules apply: (I) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank; (2) Ifthe part is tissue and the gift is for the purpose oftransplantation or therapy, the gift passes to the appropriate tissue bank; (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ; and (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subsection (c) ofthis Code section, ifthere is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift

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cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this Code section and does not identify the purpose ofthe gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as 'donor,' 'organ donor,' or 'body donor,' or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (g) For purposes of subsections (b), (e), and (f) of this Code section, the following rules apply:
(I) If the part is an eye, the gift passes to the appropriate eye bank; (2) If the part is tissue, the gift passes to the appropriate tissue bank; and (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subsection (a) of this Code section, passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this Code section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Code Sections 44-5-143 and 44-5-148 or if the person knows that the decedent made a refusal under Code Section 44-5-145 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in paragraph (2) of subsection (a) of this Code section, nothing in this article affects the allocation of organs for transplantation or therapy.

44-5-150. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(I) A law enforcement officer, firefighter, paramedic, emergency medical technician, or other first responder finding the individual, in accordance with subsection (b.l) of Code Section 17-6-11; and (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

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(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) of this Code section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this Code section but may be subject to administrative sanctions.

44-5-151. (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section 44-5-149.

44-5-152. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) The Department of Driver Services shall make donor information reasonably available to a procurement organization. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this article, at any time after a donor's death, the person to which a part passes under Code Section 44-5-149 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this article, an examination under subsection (c) or (d) of this Code section may include an examination of all medical and dental records of the donor or prospective donor. (f) Unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal, if any.

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(g) Upon referral by a hospital under subsection (a) of this Code section, a procurement organization shall make a reasonable search for any person listed in Code Section 44-5-147 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to subsection (i) of Code Section 44-5-149 and Code Section 44-5-151, the rights of the person to which a part passes under Code Section 44-5-149 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Code Section 44-5-149, upon the death ofthe donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time ofthe decedent's death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

44-5-153. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

44-5-154. (a) Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

44-5-155. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both.

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44-5-156. (a) A person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) of Code Section 44-5-147 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

44-5-157. (a) A document of gift is valid if executed in accordance with:
(l) This article; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this Code section, the law of this state governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

44-5-158. (a) The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person who obtains an organ donor's license; provided, however, that the gender information shall only be made available to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs with providing such information. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (b) A donor registry shall:
(1) Allow a donor or other person authorized under Code Section 44-5-142 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor,

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whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and (3) Be accessible for purposes of paragraphs (1) and (2) of this subsection seven days a week on a 24 hour basis. (c) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; provided, however, this shall not preclude the use of aggregated demographic information for the purposes of annual reporting, research, or education. (d) This Code section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with this state. Any such registry shall comply with subsections (b) and (c) of this Code section.

44-5-159. If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor.

44-5-159.1. (a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section 44-5-159.2, the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section 44-5-159.2. (c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under

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the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner.

44-5-159.2. (a) Upon specific request of a procurement organization, and in accordance with the procedures set forth under the agreement established pursuant to subsection (e) of this Code section, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, and the gift or procurement does occur, the medical examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research, or education. (b) The medical examiner may conduct a medicolegal investigation by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner that the medical examiner determines may be relevant to the investigation. (c) A person that has any information requested by a medical examiner pursuant to subsection (b) of this Code section shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation ofparts for the purpose oftransplantation, therapy, research, or education. (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is not required, or the medical examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education. (e) The medical examiner and procurement organizations shall enter into an agreement signed by both parties setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner believes that the recovery of the part could interfere with the postmortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of organs, tissue, and eyes from such a decedent, and decisions about approaches to tissue donation cases compared with organ donation cases, shall be made in accordance with the agreement. In the event that a medical examiner denies recovery of an anatomical gift, the procurement organization may request the regional medical examiner serving the county having

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jurisdiction over the death to reconsider the denial and to permit the recovery to proceed; provided, however, that if a county having jurisdiction over the death does not have a county medical examiner as defined in paragraph (2) of Code Section 45-16-21, and a recovery is denied as provided herein, the procurement organization may request the chief medical examiner appointed pursuant to Code Section 35-3-153 to reconsider the denial and to permit the recovery to proceed. The parties shall evaluate the effectiveness of the protocols and procedures at regular intervals but no less frequently than every two years. A medical examiner may limit its involvement and agreements with procurement organizations to one procurement organization, but may work with more than one procurement organization in the discretion of the medical examiner. (f) If the medical examiner or designee allows recovery of a part under subsection (d) or (e) of this Code section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination. (g) If a medical examiner or designee is required to be present at a removal procedure pursuant to an agreement entered into under subsection (e) of this Code section, upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection (e) of this Code section.

44-5-159.3. This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

44-5-159.4. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).'

SECTION 2. Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, is amended by revising Code Section 16-12-160, relating to buying or selling or offering to buy or sell the human body or parts, as follows:
'16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or

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buy or sell a human fetus or any part thereof. (b) The prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair; (2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a fee in connection with such gift or donation pursuant to subsection (b) of Code Section 44-5-154 if such fee is paid to a procurement organization, as that term is defined in Code Section 44-5-141; (3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the person's body; (4) The payment of financial assistance under a plan of insurance or other health care coverage; (5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or (6) The payment of reasonable costs associated with the removal, storage, or transportation ofa human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both.'

SECTION 3. Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by repealing and reserving Code Section 31-23-6, relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual.

SECTION 4. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Georgia Anatomical Gift Act" wherever that term occurs and inserting in its place "Georgia Revised Uniform Anatomical Gift Act":
(1) Code Section 31-23-2, relating to the effect on eye donations of the "Georgia Anatomical Gift Act"; (2) Code Section 31-32-4, relating to the advance directive for health care statutory form; (3) Code Section 31-32-7, relating to duties and responsibilities of health care agents designated in advance directives for health care; (4) Code Section 31-32-8, relating to duties and responsibilities of health care providers relating to advance directives for health care; and

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(5) Code Section 40-5-6, relating to forms for making of anatomical gifts upon issuance or renewal of drivers' licenses.

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

Approved May 12, 2008.

HEALTH-VACCINATIONS; INPATIENTS 65 AND OVER.
No. 546 (House Bill No. 11 05).
AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for standing orders for vaccinations; to provide certain immunity for a hospital or health care provider acting in good faith; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code section to read as follows:
'31-7-17. Annually between October I through March I, prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient vaccinations for the influenza virus and pneumococcal disease, unless contraindicated and contingent on availability of such vaccine, in accordance with any applicable rules and regulations of the department. The vaccinations may be administered pursuant to a standing order that has been approved by the hospital's medical staff. A hospital or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such hospital or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section.'

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SECTION 2. AI11aws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2008.

EDUCATION -CANCELED SCHOOL DAYS; NOT MADE UP.
No. 547 (House Bill No. 1300).
AN ACT
To amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, is amended by revising subsection (c) as follows:
'(c)(1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, shall define the length of the school day, and shall provide that all public elementary and secondary schools may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces. (2) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency or when the Governor proclaims a state of emergency or when, because of emergency, disaster, act of God, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation ofthe public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these

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definitions, and such departure need not be uniform throughout the state. (3) A local board of education may, without the necessity of authorization from the state board, elect not to complete, as make-up days, up to four additional days otherwise needed which are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day originally designated by the local board as the end of the school year, regardless of the day of the week on which the school calendar was scheduled to end. The provisions of this paragraph shall not limit the authority of the state board under paragraph (2) of this subsection. (4) Each fiscal year shall begin on July I and end on June 30 of the following year. (5) For purposes of this subsection, the term:
(A) 'Disaster' means any happening that causes great harm or damage. (B) 'Emergency' means a sudden generally unexpected occurrence or set of circumstances demanding immediate action.'

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

Approved May 12, 2008.

STATE GOVERNMENT- PUBLIC ACCESS WEBSITE; STATE EXPENDITURE INFORMATION; TRANSPARENCY IN GOVERNMENT ACT.
No. 548 (Senate Bill No. 300).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for audits and the examination of books and records; to provide for the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-6-4, relating to special examinations, audits, and vulnerability assessments, as follows:
'50-6-4. 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 the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management ofany department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning.'

SECTION 2. Said title is further amended by revising Code Section 50-6-7, relating to state officials to produce books, records, and other papers to the state auditor for examination, as follows:
'50-6-7. All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and tum over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank.'

SECTION 3. Said title is further amended by revising Code Section 50-6-24, relating to duties and powers of the state auditor, as follows:
'50-6-24. The duties and powers of the state auditor shall be as follows:
(1) Reserved;

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(2) To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.; (3) To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which shall be filed with the official in charge ofthe department, institution, etc., so examined, one copy ofwhich shall be transmitted to the Governor, and the third copy of which shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance ofthe same; (4) To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management ofeach state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and (5) To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited.'

SECTION 4. Said title is further amended by revising Code Section 50-6-25, relating to maintenance of statistics on architectural and engineering firms doing business with the state and ineligibility of firms, as follows:
'50-6-25. (a)(l) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be

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governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (I) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of$1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount ofeach subcontractor or joint-venture partner with that portion ofthe business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics.

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(b) Any architectural or engineering firm which has received more than I0 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than I0 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes.'

SECTION 5. Said title is further amended by revising Code Section 50-6-27, relating to annual personnel report, copies for the General Assembly, and public inspection, as follows:
'50-6-27. The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board ofeducation affected. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board ofeducation is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing ofall personnel ofsuch office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one.'

SECTION 6. Said title is further amended by revising Code Section 50-6-30, relating to conducting hearings and assistance of the Attorney General, as follows:
'50-6-30. A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and may be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal

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assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation:

SECTION 7. Said title is further amended by adding a new Code section to read as follows:
'50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term:
(I) 'Agency' means each department, commission, authority, and agency ofthe executive branch of government and the Board of Regents of the University System of Georgia. (2) 'Searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended. Such report shall include, at a minimum, a statement of the taxes and other revenues remitted to the state treasury and operating revenues retained by the agency during the immediately preceding fiscal year as well as a statement of total expenditures made by the agency during the immediately preceding fiscal year; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) Salaries and expenses of full-time and part-time employees and board members; (5) A list of consultant expenses and other professional services expenses; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of certain grant and contract payments made or due to vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of

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Economic Development, the Department ofLabor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. Such report shall include, at a minimum:
(I) A list of all obligations entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; and (2) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00 in the aggregate, including the amount paid to such person, firm, or corporation during such period. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes ofthis Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law.'

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

Approved May 12,2008.

HIGHWAYS- TRANSPORTATION PLAN; REPORTS REQUIRED.
No. 549 (House Bill No. 1189).
AN ACT
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made and a final version of the State-wide Strategic Transportation 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:

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SECTION 1. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows:
'32-2-41.1. (a) On or before September I, 2008, the commissioner shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation, respectively, detailing the progress the department has made on preparing a State-wide Strategic Transportation Plan. The commissioner shall deliver a draft of the plan for comments and suggestions by members ofthe General Assembly and the Governor on or before January 1, 2009. Comments and suggestions by the General Assembly and the Governor shall be submitted to the commissioner no later than February 15, 2009. This plan shall include a list of projects realistically expected to begin construction within the next five years, the cost of such projects, and the source of funds for such projects. The plan shall also detail how the listed projects will help to mitigate congestion, improve air quality, improve public safety, increase mobility, and encourage economic development. The final version of the State-wide Strategic Transportation Plan shall be completed by June 30, 2009, and shall be delivered to the Governor, the Lieutenant Governor, the Speaker ofthe House ofRepresentatives, and the chairpersons ofthe Senate Transportation Committee and the House Committee on Transportation on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter. (b) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department.'

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

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

Approved May 12, 2008.

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PROFESSIONS -ADVANCED DENTAL EDUCATION PROGRAMS.

No. 550 (Senate Bill No. 363).

AN ACT

To amend Chapter II of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter II of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by revising Code Section 43-11-1, relating to definitions, as follows:
'43-11-1. As used in this chapter, the term:
(I) 'Accredited dental college' and 'accredited dental school' or 'accredited school of dentistry' means a dental school, college, or university with an education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. (2) 'Accredited dental hygiene school' means a dental hygiene education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. (3) 'Advanced dental education program' means an accredited dental advanced specialty education program or accredited dental education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. (4) 'Board' means the Georgia Board of Dentistry. (5) 'Conscious sedation' means a minimally depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command and that is produced by a pharmacological or nonpharmacological method or combination thereof. A patient whose only response is reflex withdrawal from repeated painful stimuli shall not be considered to be in a state of conscious sedation. The use of nitrous oxide is not considered conscious sedation for purposes of this chapter. (6) 'Dentistry' means the evaluation, diagnosis, prevention, or treatment, or any combination thereof, whether using surgical or nonsurgical procedures, of diseases,

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disorders, or conditions, or any combination thereof, ofthe oral cavity, maxillofacial area, or the adjacent and associated structures, or any combination thereof, and their impact on the human body provided by a dentist, within the scope of his or her education, training, and experience, in accordance with the ethics of the profession and applicable law, including, but not limited to, the acts specified in Code Section 43-11-17. (7) 'General anesthesia' means an induced state of depressed consciousness, or an induced state of unconsciousness, accompanied by partial or complete loss of protective reflexes, including the inability to continually and independently maintain an airway and respond purposefully to physical stimulation or verbal command, and produced by a pharmacological or nonpharmacological method or combination thereof. For purposes of this chapter, 'general anesthesia' includes deep sedation. (8) 'Instructor' means either a dentist or a dental hygienist whom the state board has granted a teacher's or instructor's license pursuant to Code Section 43-11-42. (9) 'Licensed dental hygienist' means a dental hygienist licensed and in good standing in this state pursuant to this chapter. (I 0) 'Licensed dentist' means a dentist licensed and in good standing in this state pursuant to this chapter. (11) 'Training clinic' means a clinic operated as a nonprofit facility by an accredited dental college, advanced dental education program, or accredited dental hygiene school primarily to train students or residents of such college, program, or school.'

SECTION 2. Said chapter is further amended by revising Code Section 43-11-20, relating to training and affiliated sites, as follows:
'43-11-20. (a) Nothing in this chapter shall prohibit accredited dental colleges or advanced dental education programs from maintaining on-campus training clinics and affiliated sites for the purpose ofeducational training of dental students or dental residents approved by the board under the supervision of licensed dentists or instructors; nor shall this chapter prevent licensed dental practitioners of other states and countries from giving clinics before any dental society or association of this state whose objects are the advancement and improvement of dentistry as a science. (b) Nothing in this chapter shall prevent students of accredited dental colleges or residents in advanced dental education programs in this state from engaging in activities otherwise defined as the practice of dentistry, provided that said students work under the direct supervision and responsibility of a licensed dentist or instructor as a part of a training clinic; nor shall this chapter prevent students of accredited dental hygiene schools in this state from engaging in activities otherwise defined as the practice of dental hygiene, provided that said students work under the direct supervision and responsibility of a licensed dentist or dental hygienist as a part of an on-campus training clinic or at affiliated sites approved by said schools, colleges, or programs and the board for the purpose of

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educational training. Nothing in this chapter shall prevent said schools or colleges of dentistry or dental hygiene or advanced dental education programs from establishing and collecting charges for services rendered by training students or residents under the supervision of a licensed dentist, licensed dental hygienist, or instructor. These charges shall not exceed charges made by similar dental schools and colleges and advanced dental education programs located within the United States. (c) Nothing in this chapter shall be construed to prohibit the administration of a board approved clinical licensure examination as a prerequisite for licensure as a dentist or dental hygienist in this state. Nothing in this chapter shall prevent the conducting of a Georgia clinical licensure examination by a board approved examiner who is licensed as a dentist or dental hygienist in another jurisdiction. Nothing in this chapter shall prevent the taking of a Georgia clinical licensure examination by an individual who is eligible to apply for licensure as a dentist or dental hygienist in this state.'

SECTION 3. Said chapter is further amended by revising subsections (a. I) and (b) of Code Section 43-11-42, relating to reciprocity with other states for a teacher's or instructor's license, as follows:
"(a.!)( 1) The board may issue, in its discretion, without examination, a teacher's or instructor's license to a dentist who has graduated from a school, college, or advanced dental education program approved by the board and accredited by the Commission on Dental Accreditation ofthe American Dental Association (ADA) or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental college, advanced dental education program, or training clinic in this state, those procedures and services recognized in this state to be within the scope of practice of such person's professional license. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A)(i) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; or (ii) Successful completion at an accredited dental school or college approved by the board of at least a two-year advanced education program in one of the dental specialties recognized by the American Dental Association (ADA) or in an advanced dental education program in general dentistry; or (iii) Successful completion of at least two one-year advanced dental education programs in general dentistry at an accredited dental school or college approved by the board; or (iv) Successful completion of a one-year program in operative dentistry at a dental

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school or college approved by the board and a one-year advanced dental education program in general dentistry at an accredited dental school or college approved by the board; and (B) Certification by the dean ofthe accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure. (3) In order to be granted a license under this subsection, all applicants must pass a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language. (b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosynary or correctional institutions, provided that these dentists possess a license in another state, are in good standing in said state, and have graduated from an accredited dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule.'

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

Approved May 12, 2008.

PENAL INSTITUTIONS- CRIMES- INMATES; TELECOMMUNICATIONS DEVICES; KNUCKLES MADE FROM VARIOUS MATERIALS; PROHIBITED.
No. 551 (Senate Bill No. 366).
AN ACT
To amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an

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inmate and possession of such device by an inmate shall be a felony; to provide for a misdemeanor penalty under certain circumstances; to provide definitions; to add penalties for violation of the provisions; to amend Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18, so as to remove certain penalties; to amend Chapter II of Title 16 and Code Section 42-5-63 of the Official Code of Georgia Annotated, relating to offenses against public order and unauthorized possession of a weapon by an inmate, respectively, so as to prohibit inmates from possessing knuckles made from materials in addition to metal, such as thermoplastic, wood, and other similar materials, and to change other provisions consistent with such additional restriction; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-5-18 ofthe Official Code ofGeorgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, is revised in its entirety as follows:
'42-5-18. (a) As used in this Code section, the term:
(I) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration. (2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Warden or superintendent' shall mean the commissioner or any warden, superintendent, sheriff, chief jailor, or other person who is responsible for the overall management and c.peration of a place of incarceration. (b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee. (c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or

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other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee. (d) A person who commits or attempts to commit a violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if a person violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor.'

SECTION 2. Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18, is amended as follows:
'42-5-19. Any person who violates Code Section 42-5-16 or 42-5-17 shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.'

SECTION 3. Chapter 11 ofTitle 16 and Code Section 42-5-63 of the Official Code of Georgia Annotated, relating to offenses against public order and unauthorized possession of a weapon by an inmate, respectively, are amended by replacing the terms "metal knuckles" and "metal knucks" with "knuckles whether made from metal, thermoplastic, wood, or other similar material" wherever the former terms shall appear in:
(1) Code Section 16-11-34.1, relating to preventing or disrupting General Assembly sessions or other meetings of members, unlawful activities within the state capitol or certain state buildings; (2) Code Section 16-11-101, relating to furnishing metal knuckles or a knife to a person under the age of 18 years; (3) Code Section 16-11-126, relating to carrying a concealed weapon; (4) Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property; and (5) Code Section 42-5-63, relating to unauthorized possession ofa weapon by an inmate.

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

Approved May 12, 2008.

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ALCOHOL- SALES BY LIMOUSINE CARRIERS.

No. 552 (Senate Bill No. 385).

AN ACT

To amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for annual applications and fees; to provide for a sticker for each vehicle authorized; to provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; 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 I of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, is amended by adding a new Code Section 3-9-4 to read as follows:
H3-9-4.
(a) Notwithstanding any provision contained in this title or any other law, the commissioner may issue an annual permit authorizing a limousine carrier to sell alcoholic beverages for consumption only in the vehicle supplied by the limousine carrier upon the filing of an application and payment of a fee of$50.00 by such limousine carrier that holds a certificate issued in accordance with Article 3 of Chapter 7 of Title 46. In addition to the permit fee, the limousine carrier shall pay an annual fee of $15.00 for each vehicle to be authorized for the sale of alcoholic beverages. The commissioner shall issue a sticker for each vehicle so authorized. (b) A permit issued in accordance with this Code section shall not authorize the wholesale purchase of alcoholic beverages by a limousine carrier and only authorizes purchase from a retail dealer. A permit issued in accordance with this Code section shall be subject to any law regulating the time for selling such beverages. (c) A permit issued in accordance with this Code section shall not authorize a limousine carrier to purchase or sell an alcoholic beverage in a location where the sale of such alcoholic beverage is unlawful. (d) Limousine carriers holding permits issued in accordance with this Code section shall comply with the provisions of paragraph (I) of subsection (a) of Code Section 3-3-23.'

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

Approved May 12, 2008.

SOCIAL SERVICES- RESPITE CARE SERVICES PROGRAM.
No. 553 (House Bill No. 1044).
AN ACT
To amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that a respite care services program shall not be considered an adult day center for purposes of licensure requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, is amended by revising Code Section 49-6-82, relating to definitions, as follows:
49-6-82. As used in this article, the term:
(I) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (9) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. This term shall not include a respite care services program. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) ofthis Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities.

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(4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for self-care. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) 'Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care or health care agent under a valid advance directive for health care, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of an aging adult, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided. (8) 'Respite care services program' means a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide accompanying them which:
(A) Is operated by a nonprofit organization; (B) Provides no more than 25 hours of services per week; (C) Is managed by a director who has completed an adult day care services training and orientation program approved by the department; (D) Is staffed primarily by volunteers; and (E) Has as its sole purpose to provide primary caregivers of aging adults with relief from normal caregiving duties and responsibilities. (9) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.'

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

Approved May 12, 2008.

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BANKS AND BANKING- MORTGAGE BROKERS AND LENDERS; AUTOMATED LICENSING SYSTEM.

No. 554 (House Bill No. 921).

AN ACT

To amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; 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 13 of Chapter I of Title 7 of the Official Code of Georgia Annotated, relating to licensing ofmortgage lenders and mortgage brokers, is revised by adding a new Code section to read as follows:
'7-1-1003.5. (a) The General Assembly has determined that a uniform multi-state administration of an automated licensing system for mortgage brokers and mortgage lenders is consistent with both the public interest and the purpose of this chapter; therefore, for the sole purpose of participating in the establishment and implementation of a multi-state automated licensing system for mortgage brokers and mortgage lenders, the department is authorized to:
(1) Participate in a nation-wide residential mortgage licensing system established to facilitate the sharing of information and standardization ofthe licensing and application processes for mortgage brokers and mortgage lenders by electronic or other means; (2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements and other contracts necessary for the department's participation in the nation-wide residential mortgage licensing system; (3) Ensure that the nation-wide residential mortgage licensing system adopts an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; (4) Disclose or cause to be disclosed without liability applicant and licensee information via the nation-wide residential mortgage licensing system to facilitate regulatory oversight of mortgage brokers and mortgage lenders across state jurisdictional lines;

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(5) Establish and adopt, by rule or regulation, requirements for participation by applicants and licensees in the nation-wide residential mortgage licensing system upon the department's finding that each new or amended requirement is consistent with both the public interest and the purposes of this article; (6) Pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of Treasury and Fiscal Services; provided, however, that the department may net such fees to recover the cost of participation in the nation-wide residential mortgage licensing system; and (7) Modify by rule the license renewal dates set forth in Code Section 7-1-1005 from a fiscal year to a calendar year, including providing for a one-time, six-month licensing period accompanied by a one-time reduced fee during the conversion year from a fiscal licensing year to a calendar licensing year. (b) Irrespective of its participation in a nation-wide residential mortgage licensing system, the department retains full and exclusive authority over determinations whether to grant, renew, or revoke licenses issued to mortgage brokers and mortgage lenders under this article. Nothing in this Code section shall be construed to reduce this authority.'

SECTION 2. This Act shall become effective on July I, 2008.

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

Approved May 12, 2008.

COURTS- JUDGES; MILITARY DUTY; ELECTION QUALIFICATION.
No. 555 (Senate Bill No. 11).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that judges of superior and state courts who are performing ordered military duty may continue in office and be eligible for reelection during such duty; to provide for qualifying for election by mail, messenger, or agent during such duty; to provide that performing ordered military duty shall be a basis for requesting assistance from other courts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (b) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b)(1) If assistance is needed from a judge outside of the county, a superior court judge of this state or the chiefjudge of a class of courts other than an appellate court may make a request for judicial assistance in the court served by said requesting judge to the administrative judge of the judicial administrative district in which said requesting judge's court is located, if any of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; (C) A judge of the requesting court is unable to preside because such judge is performing ordered military duty as such term is defined in Code Section 38-2-279; or (D) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. (2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chiefjudge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; (C) A judge of the requesting court is unable to preside because such judge is performing ordered military duty as such term is defined in Code Section 38-2-279; (D) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges; or (E) A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. If the requesting court is a state or superior court, the assisting judge or assisting judges may hear and decide matters otherwise in the exclusive jurisdiction of the state or superior court without regard to time, type of case, or limitations contained in the rules of such state or superior court; provided, however, that a chief magistrate or magistrate may serve as a permanent assisting judge only in counties having a population of 180,000 or more according to the United States decennial census of 1990 or any future such census.

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(3) When a petition for habeas corpus is filed challenging for the first time state court proceedings resulting in a death sentence, the clerk of the superior court acting on behalf of the chief judge shall make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (4) In petitions under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president ofThe Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.'

SECTION 2. Said title is further amended by adding a new Code Section 15-6-11 to read as follows:
'15-6-11. (a) Any judge of superior court who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such judge was elected. (b) Where the giving ofwritten notice of candidacy is required, any judge of superior court who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law ofa candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent public official.'

SECTION 3. Said title is further amended by striking Code Section 15-7-24, which was designated as "Reserved," and inserting in its place a new Code Section 15-7-24 to read as follows:
'15-7-24. (a) Any judge of state court who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall

GEORGIA LAWS 2008 SESSION

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not create a vacancy in such office during the term for which such judge was elected. (b) Where the giving of written notice of candidacy is required, any judge of state court who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent public official."

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 12, 2008.

MILITARY, EMERGENCY MANAGEMENT- VETERANS AFFAIRS- GEORGIA EMERGENCY MANAGEMENT AGENCY NOMENCLATURE ACT OF 2008.
No. 556 (House Bill No. 1201).
AN ACT
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to require permission for use of the Georgia Emergency Management Agency's nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor; 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. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new article to read as follows:

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'ARTICLE 9

38-3-140. This article shall be known and may be cited as the 'Georgia Emergency Management Agency Nomenclature Act of 2008.'

38-3-141. As used in this article, the term:
( l) 'Badge' means any official badge, identification card, or security pass used by members ofthe Georgia Emergency Management Agency, either in the past or currently. (2) 'Director' means the director of the Georgia Emergency Management Agency. (3) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the Georgia Emergency Management Agency to identify the agency, a division of the agency, or employees of the agency. (4) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (5) 'Seal' means any official symbol, mark, or abbreviation which represents and is used, currently or in the past, by the Georgia Emergency Management Agency or any other division or operation under the command of the Georgia Emergency Management Agency to identify the agency, a division of the agency, or employees of the agency. (6) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.

38-3-142. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Emergency Management Agency,' 'Emergency Management Agency,' or 'GEMA' in referring to Georgia's Emergency Management Agency in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management Agency shall be in violation of this article.

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35-3-143. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management Agency without written permission from the director shall be in violation of this article.

38-3-144. Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose.

38-3-145. Whenever there shall be an actual or threatened violation of this article, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.

38-3-146. In addition to any other relief or sanction for a violation ofthis article, the director shall be entitled to collect a civil penalty in the amount of $1,000.00 for each violation from a willful violator. Further, the director shall be entitled to recover reasonable attorney's fees for bringing any action against a willful violator.

38-3-147. Any person who has given money or any other item of value to another person due in part to such persons use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

38-3-148. Any willful violator shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000.00 or to imprisonment for not more than 12 months, or both. Each violation shall constitute a separate offense.'

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 12, 2008.

PUBLIC OFFICERS -CLASSIFIED AND UNCLASSIFIED SERVICE; COMPREHENSIVE REVISION.
No. 557 (Senate Bill No. 230).
AN ACT
To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; to clarify certain rights and procedures relating to classified employees; to change public management certificate programs to the Governor's Executive Leadership Institute; to repeal certain penalties for violations of Article I of said chapter or rules or regulations promulgated thereunder; to repeal certain rights ofmerit system officers and employees; to change application of certain provisions relating to counseling to employees; to clarify certain provisions relating to accrual of leave, holidays, and compensation for closing of state offices relative to classified and unclassified employees; to modify the application of certain provisions relating to termination or elimination of classified positions or employees; to delete certain exclusions relating to the performance management system provided for classified employees; to modify the definition ofemployee relative to random drug testing of employees in high-riskjobs; to modify certain procedures relative to drug testing; to modify and delete certain provisions relating to employee drug testing and drug testing laboratories; to delete and clarify certain provisions relating to analysis of positions warranting established test and testing requirements relative to merit system employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by revising Code Section 45-20-1, relating to purposes and principles relative to personnel administration, as follows:
, 45-20-1. (a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July I, 1996, shall be included in the unclassified service of the state merit system, except as provided in Code Section 15-11-24.3. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the states most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices. (b) In order to achieve these purposes, it is the policy of the state that agencies treat all employees in accordance with the following principles:
(I) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, religious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws; (2) Recruiting, selecting, and advancing employees on the basis oftheir relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment; (3) Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets; (4) Training employees, as needed, to assure high quality performance and to provide work force skills needed to maintain and advance the state's goals and objectives; (5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and

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(6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office. (c) It shall be the responsibility of the state merit system to perform the following functions: (I) Establish and maintain a state-wide system of pay ranges for all job classes; (2) Define job classes, establish associated minimum qualifications for those classes and assign those classes to appropriate pay ranges; (3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency job classes; (4) Serve as the central contact point for all potential employees in order to streamline state-wide recruiting for applicants, to provide for a state-wide applicant data base, to refer applicants to agencies, and make applicant data available to agencies for review and consideration; (5) Upon request, develop, validate, or develop and validate applicant screening devices being utilized by agencies; (6) Upon request, administer screening devices on behalf of agencies; (7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs; (8) In consultation with agencies, establish state-wide criteria for the implementation of rules and policies adopted by the State Personnel Board which agencies shall use in developing internal processes for classification, compensation, pay for performance, and performance management, including processes involved in defining job classes, establishing and applying associated minimum qualifications, assigning jobs to appropriate state-wide pay ranges, developing and applying applicant screening methods, and measuring worker effectiveness; (9) Audit agencies' processes as referred to in paragraph (8) of this subsection and report findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force. The state merit system shall not be required to distribute copies of the findings or annual report referred to in this paragraph to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient; (10) Serve as consultant to agencies on work force planning and effective work force strategies, provide technical support assistance, and direct services to agencies as requested; and ( 11) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the state merit system by agencies.

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(d) Subsection (c) of this Code section shall not apply to the legislative or judicial branches or to the board of regents. (e) Each agency shall develop an annual work force plan according to state-wide criteria and guidelines and shall provide a report of such plan annually to the state merit system for incorporation into the state-wide work force plan to be submitted to the Governor and the General Assembly. (f) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly that appropriate consideration be given to veterans as defined under Article IV, Section III, Paragraph II of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state. Guidelines defining consideration practices shall be developed at the state level. Agencies shall specify agency policies and practices to implement appropriate consideration of military veterans in filling agency job vacancies. (g) The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction ofstatutes, as now or hereafter amended, shall apply to this article.'

SECTION 2. Said chapter is further amended by revising Code Section 45-20-2, relating to definitions relative to personnel administration, as follows:
'45-20-2. As used in this chapter, the term:
( 1) 'Appointing authority' means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions. (2) 'Classified service' means that employment status conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9. 'Classified service' includes only those employees of state departments as defined in this Code section who were in the classified service as of June 30, 1996, and who have remained in classified positions without a break in service since that date. (3) 'Commissioner of personnel administration' and 'commissioner' mean the chief executive officer of the state merit system who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies and rules of the State Personnel Board. (4) 'Classified employee' means an employee who was in the classified service as of June 30, 1996, and who has remained in a classified position without a break in service since that date. (5) 'Classified position' means a position that was classified on June 30, 1996, and that subsequent to June 30, 1996, has not been held by an unclassified employee. (6) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities, public

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corporations, the legislative and judicial branches, and the board ofregents. 'Department' and 'agency' shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department ofDefense with local employees. (7) 'Employment at will' means an employment relationship in which either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason. (8) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. (9) 'Rules and regulations' and 'merit system rules and regulations' mean the governing provisions of the state merit system, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board. (10) 'State Personnel Board' and 'board' are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia. (II) 'State Personnel Board policies' means those policies adopted by the board and approved by the Governor which describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations. (12) 'Unclassified service' means employment at will and includes all employees except those in the classified service as defined in this Code section. ( 13) 'Working test' or 'working test period' means a probationary period of employment in a classified position during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each promotion of a classified employee to a classified position. The commissioner may fix the length of the working test period for any job at not less than six months nor more than 18 months exclusive of any time in nonpay status; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. (14) 'Working test employee' or 'employee on working test' means a classified employee serving a working test period in the position in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she had successfully completed a working test period shall retain appeal rights in the lower class until he or she successfully completes the working test period in the job to which he or she has been promoted.'

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SECTION 3. Said chapter is further amended by revising Code Section 45-20-3, relating to duties and functions of the State Personnel Board, as follows:
'45-20-3. (a)(l) The State Personnel Board shall prescribe the guidelines by which the state's personnel policies shall be administered. The board shall hold regular meetings as needed for the proper discharge of its duties. (2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance or official business. (3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum.
(b) It shall be the specific duty and function of the State Personnel Board: (1) To represent the public interest in the improvement of personnel administration in all state departments; (2) To determine appropriate human resource management goals and objectives and prescribe policies for their accomplishment; (3) At public hearings, to adopt and amend policies, rules, and regulations effectuating the State Merit System ofPersonnel Administration and the state's personnel policies and practices subject to approval by the Governor. Notice of State Personnel Board meetings shall be released to all departments and agencies and shall be prominently posted at the office of the State Merit System of Personnel Administration at least ten days prior to each board meeting; (4) Where the board deems a review appropriate, for employees ofthe classified service, to ensure that a review is afforded on a dismissal and other adverse personnel actions defined by the rules and regulations of the State Personnel Board. All appeals determinations of the board shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies; (5) To assure the administration of state and federal laws relating to state personnel administration; (6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the state merit system; and (7) To promote public understanding of the purposes, policies, and practices of the State Merit System of Personnel Administration and to advise and assist the several state

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departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional, and other organizations in the improvement of personnel standards under the state's personnel system."

SECTION 4. Said chapter is further amended by revising Code Section 45-20-4, relating to the creation of the commissioner of personnel administration, as follows:
"45-20-4. (a) There is created the position of commissioner of personnel administration. The commissioner shall be appointed by the Governor after consultation with the State Personnel Board subject to confirmation by the Senate. The Governor shall fix the compensation of the commissioner, who shall serve at the pleasure of the Governor. (b) The duties and responsibilities of the commissioner shall be:
(I) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties; (2) Consistent with board policy, to administer the operations of the state merit system and to otherwise act in the capacity of chief executive officer of the state personnel administration program; (3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the state merit system. Such rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, appointments, promotions, transfers, demotions, appeals of classified employees, reports ofperformance, payroll certification, and other phases of personnel administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of this article and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems ofpersonnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget; (4) To administer the rules and regulations and all other operational aspects of the state merit system and to assure compliance therewith in all departments;

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(5) To appoint and prescribe the duties of the merit system staff; (6) To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating the annual costs among the several departments covered by the State Merit System ofPersonnel Administration, provided that upon approval of such budget by the Governor, the Governor shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the state merit system in the same manner as appropriated funds are expended by other departments of the state; (7) To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters; (8) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and (9) To appoint and prescribe the duties of a deputy commissioner of personnel administration who shall be the second highest executive officer in the state merit system and the deputy executive secretary to the State Personnel Board; and to appoint and prescribe the duties of such other assistant commissioners of personnel administration as the commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner.'

SECTION 5. Said chapter is further amended by revising Code Section 45-20-5, relating to the creation of the Advisory Council for Personnel Administration, as follows:
'45-20-5. (a) There is created the Council for State Personnel Administration. The objectives of the council shall be: (I) To promote improvements in the personnel program in state government; (2) To provide a forum for the interchange of information relating to the state personnel program; (3) To serve as a channel through which the operating agencies may express their opinions on matters affecting state personnel; (4) To seek equitable interpretation and application of the laws, rules, regulations, policies, and procedures which affect state personnel management and administration; and

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(5) To strive for professional consensus consistent with the democratic process in all actions which it may undertake. (b) Membership in the council shall be as defined in the bylaws of the council. (c) The council is authorized to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules, and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association authorized to represent the interests of the several departments in the area of state personnel administration, the council shall through its offices have direct access to the board, the commissioner, the Governor, and the General Assembly to present grievances, suggestions, and recommendations.'

SECTION 6. Said chapter is further amended by revising Code Section 45-20-6, relating to the composition of classified and unclassified service, as follows:
'45-20-6. (a) The classified service as defined by Code Section 45-20-2 shall consist of only those employees who were in the classified service on June 30, 1996, and who have remained in a classified position without a break in service since that date. Any officer or employee who occupies a classified position under the state merit system prior to July I, 1996, or as provided in Code Section 15-11-24.3 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9. (b) The unclassified service as defined by Code Section 45-20-2 shall consist of all employees in the departments of state government not included in the classified service under this article. Employees in the unclassified service shall be employees at will and shall not be afforded appeal rights. (c) Exclusion from the classified service shall not exclude any employee, officer, or official from eligibility for membership or membership in the Employees' Retirement System of Georgia, provided that such employee, officer, or official is otherwise eligible for membership under Chapter 2 of Title 47. (d) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain rights of appeal and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, ifany, for corrective action. The provision ofmanagement review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any

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additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection.'

SECTION 7. Said chapter is further amended by revising subsections (a) and (b) of Code Section 45-20-8, relating to the procedure for adverse action against permanent status employees, as follows:
'(a) Classified employees who have successfully completed a working test period may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board governing adverse actions and appeals for classified employees. (b) This article is not intended to create a property interest in the job, but rather to create only a procedure under which classified employees can be dismissed or otherwise adversely affected. The procedure adopted for dismissing a classified employee from employment or otherwise adversely affecting his or her compensation or employment status shall include, as a minimum, that the appointing authority must provide the classified employee with reasons for the action and an opportunity to file an appeal and request a hearing which may be held before either the board or an administrative law judge; provided, however, that the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; provided, further, that the right to appeal shall not apply when persons are dismissed or otherwise adversely affected as to compensation due to curtailment offunds or reduction in staffwhen such action is in accordance with the rules and regulations of the State Personnel Board."

SECTION 8. Said chapter is further amended by revising subsections (a) and (b) of Code Section 45-20-9, relating to the procedure for the conduct of hearings and appeals relating to adverse personnel actions, as follows:
'(a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations as applied to classified employees shall be instituted by filing a written appeal with the Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the office. The party appealing and the department from whose action the appeal is taken shall be notified in writing within 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled. (b) The State Personnel Board, any member of the board, or an administrative law judge shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation ofthe rules and regulations: administer oaths and affirmations;

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sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking oftestimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the board or the administrative law judge.'

SECTION 9. Said chapter is further amended by revising Code Section 45-20-12, relating to the implementation of public management certificate programs, as follows:
'45-20-12. (a) The State Personnel Board and the State Merit System of Personnel Administration are authorized and directed to implement a sequential series ofleadership development courses of study and preparation in order to enhance the capacity of supervisors, managers, and executives to lead people at the direct, organizational, and strategic levels. (b) The Governor's Executive Leadership Institute is implemented by the State Personnel Board and the State Merit System of Personnel Administration with the following objectives:
(I) To establish and maintain a state government executive leadership development program to train and prepare current and future state government leaders; (2) To foster and maintain higher developmental, educational, and ethical standards in the field and practice of public leadership and management; and (3) To assist agencies of state government by establishing a more objective measure of a leader's professional preparation and knowledge.'

SECTION 10. Said chapter is further amended by striking Code Section 45-20-13, relating to penalties for violations of article or rules or regulations promulgated thereunder, as follows:
'45-20-13. Reserved.'

SECTION 11. Said chapter is further amended by striking Code Section 45-20-14, relating to rights ofmerit system officers and employees, as follows:
'45-20-14. Reserved.'

SECTION 12. Said chapter is further amended by revising Code Section 45-20-15, relating to confidentiality of information received by staff in counseling, as follows:

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'45-20-15. (a) As used in this Code section, the term:
(1) 'Counseling session' means any discussions or meetings between a state employee and an official or other employee of the state merit system which are conducted under an official program established by the commissioner. (2) 'Information' means any written document or material acquired or produced as a part of a counseling session or the contents thereof and the contents of any discussions held as a part of a counseling session. (3) 'Program' means the employee relations counseling function established by the commissioner under which an employee is entitled to confidential counseling with regard to job related problems. (b) Except as provided in subsections (c), (d), and (e) of this Code section, information received or developed by the merit system staff in performing its counseling functions shall be maintained as confidential by the merit system and shall not be subject to disclosure by the merit system unless such information relates directly to proof of the possible violation of a criminal statute. (c) Information may be disclosed if such disclosure is authorized, in writing, by all parties to the counseling session in which the information was produced. (d)(l) Nothing contained in this Code section shall be construed to prohibit any person from disclosing any fact the knowledge of which was obtained independently of a counseling session. (2) The state merit system counselor may disclose information obtained in a counseling session to a manager of the state merit system for the purpose of employee counseling. Any such disclosure shall be confidential and the person to whom the information is disclosed shall be subject to the restrictions contained in subsection (b) of this Code section. (e) Information received by a state merit system counselor during a counseling session which indicates that unlawful activity is being conducted in the employee's agency may be disclosed to the commissioner. The commissioner may then notify the commissioner of any agency involved, the Governor, or the Attorney General for appropriate action. (f) Any hearing before the board or one of its hearing officers regarding the dismissal of a classified employee must be held in the county in which the employee is employed unless all parties agree to another location.'

SECTION 13. Said chapter is further amended by revising subsections(a) and (b) ofCode Section 45-20-16, relating to rules for accrual of leave, holidays and compensation for closing of state offices, as follows:
'(a) As a part of employee compensation, the State Personnel Board shall establish rules for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees. All agencies of the

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executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in accordance with State Personnel Board rules. (b) Any employee who has accumulated sick leave shall be authorized to utilize such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; provided, however, that whenever an employee is sick and absent from work, the employee may be required to report each day by telephone to the appropriate authority. An employee shall not be required to provide documentation for the use of less than 17 hours of sick leave in any 30 day period, unless the employee has demonstrated excessive or abusive use of sick leave. The State Personnel Board shall establish rules and regulations that define excessive or abusive use.'

SECTION 14. Said chapter is further amended by striking Code Section 45-20-17, relating to interdepartmental transfers, as follows:
'45-20-17. Reserved.'

SECTION 15. Said chapter is further amended by revising Code Section 45-20-19, relating to termination or elimination of classified positions or employees, as follows:
'45-20-19. (a) This subsection shall apply whenever any department or agency proposes to eliminate one or more nontemporary positions or terminate the employment of one or more nontemporary employees through a reduction in force. No position elimination or employment termination subject to this subsection may become effective until at least 30 days after the affected employee has been notified in writing by the department or agency. Such notice must contain at a minimum:
(I) A statement of the nature of the proposed action to be taken with respect to the affected employee; (2) An explanation of the rights of the affected employee with respect to the proposed reduction in force, including any right of appeal, or other opportunities with respect to possible continued employment, any opportunities to apply for employment with any public or private party assuming the functions of the employee, or any other similar opportunities; and (3) An explanation of the affected employee's rights and options with respect to his or her employment benefits, including but not limited to any right to continued participation in any retirement system or insurance plan. (b) This subsection shall apply whenever any department or agency proposes to eliminate 25 or more nontemporary positions or terminate 25 or more nontemporary employees

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through a reduction in force. At least 15 days prior to giving the employee notice required by subsection (a) of this Code section, the department or agency shall give written notice to the President of the Senate and the Speaker of the House of the proposed reduction in force. Such notice shall:
(I) Identify the facilities and operations to be affected and the estimated number of employees to be affected; and (2) State the reasons for the proposed action. (c) Subsections (a) and (b) of this Code section shall not apply to a reduction in force which must become effective immediately because the department or agency has insufficient funds available to pay the salaries of the affected employees.'

SECTION 16. Said chapter is further amended by revising Code Section 45-20-21, relating to performance management system provided for classified employees, as follows:
45-20-21. The State Personnel Board shall provide for a performance management system for the periodic review and rating of the quality and quantity of work performed by employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the review and rating of the quality and quantity of work performed by employees.'

SECTION 17. Said chapter is further amended by revising paragraph (I) ofCode Section 45-20-90, relating to definitions relative to random drug testing of employees in high-risk jobs, as follows:
'(!) 'Employee' means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. 'Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency.'

SECTION 18. Said chapter is further amended by revising Code Section 45-20-91, relating to determination of employees subject to testing, as follows:
'45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority shall determine those positions and groups ofpositions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general

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public. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work.'

SECTION 19. Said chapter is further amended by revising Code Section 45-20-92, relating to rules adopted by the State Personnel Board, as follows:
'45-20-92. (a) The State Personnel Board shall adopt rules to establish:
(1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information; and (6) The identification of those persons entitled to the information and shall adopt such other rules as it may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the commissioner of personnel administration such authority as appropriate to carry out the purposes of this article. (b) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject oftesting; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens.'
SECTION 20. Said chapter is further amended by revising Code Section 45-20-111, relating to analysis of positions warranting established test and testing requirements, as follows:
45-20-111. (a) The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant conducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by July 1, 1995. All jobs established after

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this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions. (b) An applicant for state employment who is offered employment in a position designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board shall develop rules for the administration of the test and any verification procedures. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law.'

SECTION 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2008.

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RETIREMENT- TECHNICAL COLLEGE SYSTEM OF GEORGIA.

No. 558 (Senate Bill No. 434).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change all references to the "Department of Adult and Technical Education" to the "Technical College System of Georgia"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by replacing "Department of Technical and Adult Education" with "Technical College System of Georgia" wherever the former occurs in: (I) Code Section 47-2-1, relating to definitions regarding the Employees' Retirement System of Georgia; (2) Code Section 47-3-1, relating to definitions regarding the Teachers Retirement System of Georgia; (3) Code Section 47-3-60, relating to eligibility, termination, leaves of absence, service credit for postsecondary study, and transfer of service credit regarding membership in the Teachers Retirement System of Georgia; (4) Code Section 47-3-63, relating to membership of full-time public school support personnel, employee and employer contributions, and creditable service regarding the Teachers Retirement System of Georgia; (5) Code Section 47-4-2, relating to definitions regarding the Public School Employees Retirement System; and (6) Code Section 47-4-40, relating to eligibility, leaves ofabsense, termination, and transfer of service credits regarding the Public School Employees Retirement System.

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

Approved May 12, 2008.

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GENERAL PROVISION- SCHOOL BUS DRIVERS APPRECIATION DAY.

No. 559 (House Bill No. 791).

AN ACT

To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the third Monday in October "School Bus Drivers Appreciation Day"; to make certain findings offact; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. WHEREAS, every day, a fleet of yellow school buses transport Georgia's children to and from school carrying the state's future-our children; and

WHEREAS, the state's school bus drivers are entrusted with the lives of our children, and they have proven worthy of our trust day after day, year in and year out, in spite of low wages and lower retirement benefits; and

WHEREAS, Georgia's school bus drivers deserve recognition and appreciation for their sense of duty and their sense of obligation in keeping our children safe; and

WHEREAS, it is only right and proper that the citizens of this state take a few moments each year to thank our school bus drivers.

SECTION 2. 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 to read as follows:
'1-4-17. The third Monday in October ofevery year is designated 'School Bus Drivers Appreciation Day' in Georgia.'

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

Approved May 12, 2008.

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MILITARY- STATE GOVERNMENT- STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM.

No. 560 (Senate Bill No. 33).

AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to authorize the development and implementation of a state-wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for rules and regulations; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to the exempt such building mapping information from public disclosure; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows:

'ARTICLE 9

38-3-140. The General Assembly recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters to evacuate or secure a building. To better prepare for responding to disasters, criminal acts, and acts ofterrorism, the General Assembly intends to create a state-wide first responder building mapping information system that will provide first responders with information they need to be successful when disaster strikes. The first responder building mapping information system shall be developed for this limited and specific purpose and does not impose standards or system requirements on any other mapping systems used for any other purpose.

38-3-141. As used in this article, the term:
(I) 'Agency' means the Georgia Emergency Management Agency established by Code Section 38-3-20. (2) 'Building mapping information system' means a state-wide informational system containing maps of designated public buildings.

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(3) 'Director' means the director of the agency.

38-3-142. (a) Subject to availability of funds for such purposes, the agency may be authorized to create and operate a building mapping information system and may make grants to local governments for purposes of this article. Once the building mapping information system is operational, the agency shall make the building mapping information available electronically to all state, local, and federal public safety agencies. (b) Once the building mapping information system is operational, it shall be within the discretion of state and local agencies to determine which government owned or leased buildings, if any, should be mapped, with special consideration given to schools, courthouses, and larger public structures utilized by large numbers of employees or private citizens. Nothing in this article shall require any state or local agency to map any building. (c) State and local agencies electing to participate in the building mapping information system once such system is operational shall forward to the agency the building mapping information as provided in subsection (d) of this Code section. Any private entity or department or agency of the federal government that desires to participate in such system may also voluntarily forward its building mapping information to the agency. The agency may refuse any information that does not comply with the agency's specifications and requirements. (d) The agency shall be authorized to develop rules and regulations for the purpose of implementing the provisions ofthis Code section. Such rules and regulations shall specify:
(I) The type of information to be included in the building mapping information system which shall at a minimum include floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information; (2) The building mapping software standards that shall be utilized by all entities participating in the building mapping information system; and (3) Security procedures to ensure that the information shall only be made available to the government entity that either owns or operates the building or is responding to an emergency incident at the building. (e) The agency may be authorized to pursue federal funds or other sources of funding for the creation and operation of the building mapping information system and shall be further authorized to seek or assist state and local agencies in obtaining grants or donations for the mapping of government owned or leased buildings. (f) Information provided to the agency under this article shall be exempt from public disclosure to the extent provided in subparagraph (21) of subsection (a) of Code Section 50-18-72. (g) The agency may recommend training guidelines regarding use ofthe building mapping information system for law enforcement officers, firefighters, and other authorized emergency first responders.

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(h) Nothing in this Code section supersedes the authority ofstate departments and agencies and local governments to control and maintain access to information within their independent systems.

38-3-143. Local governments and agencies and their employees shall be immune from civil liability for any damages arising out of the creation and use of the building mapping information system unless it is shown that an employee acted with gross negligence or bad faith.'

SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, is amended by striking the word "or" at the end of paragraph (19) of subsection (a), by striking the period at the end of paragraph (20) of such subsection and inserting in lieu thereof"; or", and by adding a new paragraph to such subsection to read as follows:
'(21) Building mapping information produced and maintained pursuant to Article 9 of Chapter 3 of Title 38.'

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

Approved May 12, 2008.

GENERAL PROVISIONS- SCHOOL BUS SAFETY WEEK.
No. 561 (House Bill No. 790).
AN ACT
To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the third week in October "School Bus Safety Week"; to make certain findings of fact; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. WHEREAS, every day, a fleet of yellow school buses carry Georgia's children to and from school; and

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WHEREAS, the state's school buses comprise the state's largest mass transportation fleet, and each day during the school year, school buses make many passenger trips carrying the state's future-our children; and

WHEREAS, school buses meet higher construction, equipment, and inspection standards than any other vehicle, and school bus drivers meet higher qualification, training, and testing standards than any other drivers; and

WHEREAS, according to the National Academy of Sciences, an average of820 students are killed annually during school transportation hours, but less than 2 percent of them are school bus passengers; and

WHEREAS, despite the industry's best efforts, accidents still happen; and

WHEREAS, "School Bus Safety Week," which is celebrated in more than 40 other states and sponsored by theNational Highway Traffic Safety Administration, was created to remind all students of the best ways to get on and off the bus in an effort to enhance the safety of the nation's children; and

WHEREAS, "School Bus Safety Week," which dates back to 1966, also recognizes the hard work and dedication of school transportation personnel, especially the many school bus drivers who ensure a safe journey each and every day; and

WHEREAS, "School Bus Safety Week," celebrated the third week in October, promotes awareness through local and state poster and speech contests, lessons utilizing school bus safety community awareness kits, and other activities built around themes that raise awareness of school bus safety issues.

SECTION 2. Chapter 4 of Title I of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows:
'1-4-17. The third week in October of every year is designated 'School Bus Safety Week' in Georgia.'

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

Approved May 12, 2008.

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COURTS- DOMESTIC RELATIONS- SOCIAL SERVICES -CHILDREN AND FAMILY SERVICES STRENGTHENING ACT OF 2008.

No. 562 (House Bill No. 1054).

AN ACT

To enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide that the Georgia Child Fatality Review Panel shall be attached to the Office of Planning and Budget; to amend Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, so as to make legislative declarations; to provide for definitions; to establish the Governor's Office for Children and Families; to provide such office with certain powers and responsibilities; to provide for an executive director; to provide for an advisory board; to provide for revisions for purposes of conformity; to amend An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April27, 1999 (Ga. L. 1999, p. 520), so as to repeal a section regarding an automatic repealer; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. This Act may be cited as the "Children and Family Services Strengthening Act of 2008."

SECTION 2. The General Assembly finds that well-intentioned efforts over the years have resulted in the creation of several agencies focused on preventing child abuse and juvenile delinquency, on serving at-risk families and troubled youth, and on promoting the improvement ofour state's

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child welfare system. The General Assembly further finds that the work of some of these agencies overlaps, and that the at-risk families and troubled children of Georgia will be more efficiently and effectively served by consolidating the Children and Youth Coordinating Council with the Children's Trust Fund Commission, by placing the functions ofthe Georgia Child Fatality Review Panel under the supervision ofthe Child Advocate for the Protection of Children, and by encouraging these consolidated agencies to collaborate to create a consistent vision for serving the needs of our state's families in need.

SECTION 3. Article 5 of Chapter II of Title 15 ofthe Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, is amended in Code Section 15-11-173, relating to duties, by adding a new paragraph (3) and renumbering the remaining paragraphs respectively.
'(3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties;'

SECTION 4. Chapter 14 of Title 19 ofthe Official Code of Georgia Annotated, relating to child abuse and neglect prevention, is amended by revising Code Section 19-14-1, relating to the short title for the "Child Abuse and Neglect Prevention Act," to read as follows:
'19-14-1. The functions and duties of the State Children's Trust Fund Commission are hereby transferred to the Governor's Office for Children and Families effective July I, 2008. All action taken by the State Children's Trust Fund Commission prior to that date shall be considered valid, and the Governor's Office for Children and Families shall as of July I, 2008, assume all ongoing and continuing obligations of the Children's Trust Fund Commission. All personnel, supplies, records, materials, furniture, furnishings, books, equipment, and services of the Children's Trust Fund Commission shall be transferred to the office on July I, 2008.0

SECTION 5. Said chapter is further amended by repealing Code Sections 19-14-2 through 19-14-9.

SECTION 6. Said chapter is further amended by revising Code Section 19-14-20, relating to the creation of the State Children's Trust Fund, to read as follows:
'19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter and in Part I ofArticle 6 of Chapter 5 of Title 49, and the State Children's Trust Fund shall continue in existence until repealed

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by the legislature.'

SECTION 7. Said chapter is further amended by revising Code Section 19-14-23, relating to issuance of warrants regarding disbursements from the Children's Trust Fund, as follows:
'19-14-23. Disbursements made pursuant to Code Section 49-5-135 shall be paid out ofthe Children's Trust Fund in the state treasury by warrant of the Governor.'

SECTION 8. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended in Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, by revising subsection (b) to read as follows:
'(b) The Office of the Child Advocate for the Protection of Children shall coordinate the work of the panel and shall provide such administrative and staff support to the panel as may be necessary to enable the panel to discharge its duties under this chapter. The panel shall be attached to the Office of Planning and Budget for administrative purposes, and its planning, policy, and budget functions shall be coordinated with those of the Office of the Child Advocate.'

SECTION 9. Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, is amended by striking Part I in its entirety and inserting in lieu thereof a new Part I to read as follows:

'Part I

49-5-130. The General Assembly finds and declares:
(I) That the future of this state depends on our supporting and nurturing the creation and development of strong, safe, stable, and successful families. Therefore, the General Assembly is committed to ensuring the provision of appropriate services to children, youth, and families. The intent of this article is to provide for the effective coordination and communication between providers of prevention and early intervention services for children and youth and juvenile justice and child welfare systems at all levels of state government; (2) That consolidating multiple child welfare and juvenile justice funding and policy agencies into a single agency with authority to address the needs of at-risk children from birth through adolescence will create a more unified, consistent approach to addressing the needs of our state's children and youth; and

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(3) Its intent to reduce the number of children committed by the courts to institutions operated by the Department of Juvenile Justice and the Department of Human Resources or other state agencies and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this part to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community.

49-5-131. (a) As used in this part, the term:
(1) 'Board' means the advisory board to the Governor's Office for Children and Families created pursuant to Code Section 49-5-134. (2) 'Child' means a person under the age of 17 years or a person under the age of 18 years who is alleged to be deprived or is alleged to be a status offender as those terms are defined by Code Section 15-11-2. (3) 'Director' means the executive director of the Governor's Office for Children and Families. (4) 'Fund' means the Children's Trust Fund created pursuant to Code Section 19-14-20. (5) 'Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. (6) 'Office' means the Governor's Office for Children and Families created pursuant to Code Section 49-5-132. (7) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect.

49-5-132. (a) There is established the Governor's Office for Children and Families which shall be assigned to the Governor's Office of Planning and Budget for administrative purposes. (b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Children's Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding. (c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this

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Code section shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the fund to be disbursed as other moneys in such fund. (d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board:
(1) To carry out the prevention and community based service programs as provided for in Part 2 of this article; (2) To carry out the duties relating to mentoring as provided for in Part 3 of this article; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system ofthis state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; (6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state; (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the childrens service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; ( 10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services; ( 11) To encourage and facilitate the establishment oflocal commissions or coalitions on children and youth and to facilitate the involvement ofcommunities in providing services for their children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; ( 13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.

...

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49-5-133. (a) There shall be an executive director of the office who shall be appointed by and serve at the pleasure of the Governor. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports as will best enable the office to carry out its functions, responsibilities, and duties under this article. The director is specifically authorized to enter into cooperative contracts for the sharing of staff expertise and personnel with the Office of the Child Advocate for the Protection of Children.

49-5-134. (a) There is established an advisory board to the office which shall consist of at least 15 members appointed by the Governor who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice. (b) At least one-fifth of the members of the advisory board shall be under the age of24 at the time of their appointment, and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements. (c) Membership on the advisory board does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.

49-5-135. (a) The advisory board shall:
(I) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director, or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) In consultation with the office, establish criteria for determining eligibility for receipt

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of disbursements from the fund; (5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes; (6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act; (7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds; (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50; (9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and (10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment. (b) The advisory board may authorize the disbursement of available money from the fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the development or operation of a prevention program if all of the following conditions are met: ( 1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues; (2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (3) Other conditions that the board may deem appropriate. (c) Funds shall not be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the office has not recommended for a grant.'

SECTION 10. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by replacing "Children andY outh Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs in: (1) Code Section 15-5-81, relating to the Georgia Courts Automation Commission; and (2) Code Section 15-11-79, relating to juvenile records.

SECTION 11. Title 35 ofthe Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-6A-3, relating to the Criminal Justice Coordinating

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Council, by replacing "Children andY outh Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs.

SECTION 12. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs in: (1) Code Section 49-5-155, relating to the receipt of federal grant funds; (2) Code Section 49-5-156, relating to mentoring programs for youth; (3) Code Section 49-5-224, relating to certain reports required by the Department of Human Resources; and (4) Code Section 49-5-227, relating to a coordinated system of care for children and youth.

SECTION 13. Said title is further amended in Code Section 49-5-156, relating to mentoring programs for youth, by replacing "council" with "office" wherever the former occurs.

SECTION 14. An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), is amended by repealing Section 6.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2008.

ANIMALS- AGRICULTURE- COMMISSIONER AND DEPARTMENT OF AGRICULTUREPOLICE POWERS; BIOTERRORISM.
No. 563 (Senate Bill No. 429).
AN ACT
To provide for enforcement of laws governing matters within the jurisdiction of the Commissioner of Agriculture or the Department of Agriculture; to provide for certain other related law enforcement powers; to amend Part I of Article I of Chapter 4 of Title 4 of the

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Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 ofArticle I of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, are amended by redesignating and revising Code Section 4-4-5, relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally, as follows:
'2-2-13. (a) The Commissioner shall be vested with police powers to enforce those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, I0, 26, and 43 and the rules and regulations adopted pursuant thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. (b) The Commissioner shall be authorized to employ, designate, and deputize investigators and to delegate to such employees of the department the necessary authority to enforce those laws governing matters within the jurisdiction ofthe Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. 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,' shall be authorized:
(1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties; (2) To inspect plants, animals, products, or facilities when the same are subject to regulation by the department; (3) To stop and inspect any vehicle transporting plants, animals, or products when the same are subject to regulation by the department; (4) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the

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transportation of plants, animals, or products when the same are subject to regulation by the department; (5) To protect any life or property when the circumstances demand action; and (6) To arrest any person found to be in violation of a criminal law when enforcement of such Jaw is authorized under this subsection. (c) From funds appropriated or available to the department, the Commissioner shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this Code section. (d) This Code section shall not repeal, supersede, alter, or affect the power of any other Jaw enforcement officer of this state or of any county, municipality, or other political subdivision of this state. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other Jaw enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of those Jaws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43.'

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

Approved May 12, 2008.

COURTS- CRIMES- DOMESTIC RELATIONS- PUBLIC OFFICERS- STATE GOVERNMENT- COMMISSIONER
AND DEPARTMENT OF ADMINISTRATIVE SERVICES; TRANSFER OF COURT FUNCTIONS; INVESTIGATORS WEAPONS REQUIREMENTS; REAL ESTATE SPACE REVIEW.
No. 564 (Senate Bill No. 396).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove all functions of the commissioner of administrative services and the Department of Administrative Services and transfer such functions; to transfer administrative and salary paying and travel expense reimbursement functions for superior court judges and court reporters to The Council of Superior Court Judges of Georgia; to transfer administrative and

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salary paying functions for district attorneys and their staff to the Prosecuting Attorneys' Council ofthe State of Georgia; to remove the commissioner ofadministrative services from the Georgia Courts Automation Commission; to repeal provisions relating to alternate hiring procedure of secretaries; to provide for members of the Prosecuting Attorneys' Council of the State of Georgia to be removed upon the vote of the members of such council; to repeal provisions that prohibit the Prosecuting Attorneys' Council of the State of Georgia from employing certain retired personnel; to expand the powers and duties of attorneys and investigators employed by the Prosecuting Attorneys' Council of the State of Georgia; to provide that such investigators shall meetthe requirements ofChapter 8 ofTitle 35; to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, so as to provide that investigators employed by the Prosecuting Attorneys' Council of the State of Georgia and attorneys and investigators who are retired from the Prosecuting Attorneys' Council ofthe State ofGeorgia shall be exempt from certain state weapons requirements; to amend Article 2 of Chapter II of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' so as to correct cross-references; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to revise provisions relating to employee's health insurance; to amend Code Section 50-5B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, so as to provide that The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia shall be separate units within the State Accounting Office; 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 ofGeorgia Annotated, relating to courts, is amended by revising Code Section 15-5-60, relating to contracts with state agencies for administrative functions, services, and equipment, as follows:
"15-5-60. The Council of Superior Court Judges of Georgia shall be authorized to provide for or contract for administrative functions, services, and equipment necessary for the fulfillment ofthe responsibilities of the superior courts with funds appropriated or otherwise available for the operation of the superior courts of the state."

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 15-5-81, relating to the advisory council to the Georgia Courts Automation Commission, as follows:

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'(a) There shall be an advisory council to the Georgia Courts Automation Commission. The advisory council shall consist of: the director of the Georgia Bureau oflnvestigation or the director's designee, the commissioner ofcorrections or the commissioner's designee, the commissioner of public safety or the commissioner's designee, the chairman of the State Board of Pardons and Paroles or the chairman's designee, the director of the Administrative Office of the Courts or the director's designee, the director of the Criminal Justice Coordinating Council or the director's designee, the director of the Children and Youth Coordinating Council or the director's designee, and the executive director of the Georgia Technology Authority or the executive director's designee.'

SECTION 3. Said title is further amended by revising subsections {a) and (b) of Code Section 15-6-29, relating to the salary of superior court judges, as follows:
'(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4. The salary shall be paid by The Council of Superior Court Judges of Georgia in 12 equal monthly installments. (b) The salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-30 and 15-6-32.'

SECTION 4. Said title is further amended by revising subsection (d) of Code Section 15-6-30, relating to travel expenses of superior court judges, as follows:
(d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-23-100, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, iffound correct, and to transmit the total amount to The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state.'

SECTION 5. Said title is further amended by revising Code Section 15-6-31, relating to contingent expense allowance, which is reserved, as follows:
'15-6-31. Effective July I, 2008, the ministerial functions of the commissioner of administrative

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services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses of superior court judges, and other state paid personnel authorized by this chapter shall be transferred to and performed by The Council of Superior Court Judges of Georgia. "

SECTION 6. Said title is further amended by revising subsections (a) and (d) of Code Section 15-14-6, relating to contingent expenses and travel expenses of court reporters, as follows:
"(a) The Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law." (d) Annually during the month of January the judge or chiefjudge of each judicial circuit shall certify to The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment."

SECTION 7. Said title is further amended by revising subparagraph (a)(l)(B) of Code Section 15-18-14, relating to the appointment, qualifications, compensation, personnel actions, and transfers and promotions of prosecuting attorneys, as follows:
'(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article I of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Prosecuting Attorneys' Council of the State of Georgia in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and'

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SECTION 8. Said title is further amended by revising subsection (d) of Code Section 15-18-14.2, relating to victim assistance coordinator, as follows:
'(d) Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section.'

SECTION 9. Said title is further amended by revising Code Section 15-18-18, relating to alternate hiring procedure of secretaries, as follows:
'15-18-18. Reserved.'

SECTION 10. Said title is further amended by revising paragraph (5) of subsection (e) of Code Section 15-18-19, relating to state paid personnel, powers and policies relating thereto, and salary schedules, as follows:
'(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Prosecuting Attorneys' Council of the State of Georgia as provided by this subsection from funds appropriated for such purpose. The council may authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45 .'

SECTION 11. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 15-18-40, relating to the Prosecuting Attorneys Council ofthe State of Georgia purpose and function, as follows:
'(2) From such funds as may be appropriated or otherwise available for the operation of prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose.'

SECTION 12. Said title is further amended by adding a new subsection to Code Section 15-18-40, relating to the Prosecuting Attorneys' Council of the State of Georgia purpose and function, to read as follows:
'(d) Effective July I, 2008, the ministerial functions ofthe commissioner of administrative services or of the Department of Administrative Services relating to the payment of

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salaries, benefits, and expenses for district attorneys and district attorney personnel appointed pursuant to Article I of this chapter or solicitors-general shall be transferred to and performed by the council.'

SECTION 13. Said title is further amended by adding a new subsection to Code Section 15-18-41, relating to the composition of the Prosecuting Attorneys' Council of the State of Georgia, to read as follows:
'(e) The council may, by two-thirds' vote of the members, remove any member of the council for failure to attend meetings, misconduct, incompetency, or neglect of duty.'

SECTION 14. Said title is further amended by revising subsection (d) of Code Section 15-18-44, relating to powers and duties of the Prosecuting Attorneys' Council of the State of Georgia, as follows: See Compiler's Note, Page 584.

SECTION 15. Said title is further amended by adding a new Code section to read as follows:
'15-18-47. Attorneys and investigators employed by the council shall meet the same qualifications as those provided by Code Section 15-18-21 for attorneys and investigators employed by district attorneys. Such attorneys and investigators shall take and subscribe to an oath similar to the oath required by district attorneys. When assisting a district attorney, solicitor-general, or the Attorney General, such attorneys and investigators shall have the same authority and power as an attorney or investigator employed by such district attorney, solicitor-general, or the Attorney General. Investigators employed by the council and authorized by the council to carry weapons or to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35.

SECTION 16. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, is amended by revising paragraph (5) of subsection (a) as follows:
'(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;'

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SECTION 17. Article 2 of Chapter II of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' is amended by revising paragraph (3) of Code Section 19-11-58, relating to the Department of Human Resources designation as the state information agency and duties, as follows:
'(3) To approve as to form all orders for payment of the district attorneys' fees and forward same to the Prosecuting Attorneys Council ofthe State of Georgia for payment; and'

SECTION 18. Said article is further amended by revising Code Section 19-11-59, relating to payment of district attorney's fee, as follows:
'19-11-59. The fee of the district attorney arising under this article shall be paid by the Prosecuting Attorneys Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made from funds appropriated for the operation of the district attorneys.'

SECTION 19. Title 45 ofthe Official Code ofGeorgia Annotated, relating to public officers and employees, is amended by revising subsection (e) of Code Section 45-12-78, relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, as follows:
'(e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the State Properties Commission. The State Properties Commission shall return such evaluation to the Office of Planning and Budget prior to the Governor's submission ofthe budget to the General Assembly as provided in Code Section 45-12-79.'

SECTION 20. Said title is further amended by revising subsection (a) of Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees, payment of contributions to health insurance fund by departments, boards, and agencies of state, and coverage of employee appealing discharge, as follows:
'(a) During any period in which an employee is covered under this article prior to the date of his or her retirement, there shall be withheld from each salary payment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the board. During

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any month in which benefits are being paid by the Employees' Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the executive and judicial branches of state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, in addition to an amount to be established by the board to defray the cost of administration and the state's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Prosecuting Attorneys' Council of the State of Georgia shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys, and other paid state personnel appointed pursuant to Article I of Chapter 18 of Title 15, The Council of Superior Court Judges of Georgia shall contribute to the fund as an employer payment for and on behalf of secretaries and law clerks of the superior courts of the state. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds."

SECTION 21. Code Section 50-58-2 ofthe Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, is amended by revising subsection (a) as follows:
"(a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing."

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Compiler's Note- Section 14 revised subsection (d) of Code Section 15-18-44 by repealing it. The stricken text read as follows:

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'(d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers Annuity and Benefit Fund, the Sheriffs' Retirement Fund of Georgia, the Superior Court Clerks' Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia, or any other retirement fund created by state law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer, or law enforcement officer except for county or municipal retirement funds.'

Approved May 12, 2008.

HEALTH- NO HEARTBEAT ACT.
No. 565 (Senate Bill No. 381).
AN ACT
To amend Chapter I0 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change certain provisions relating to registration and certificates of birth; to provide for a short title; to provide for a definition; to provide for procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "No Heartbeat Act."
SECTION 2. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended in Code Section 31-10-1, relating to definitions, as follows:
'31-1 0-1. As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of human resources. (2) 'Dead body' means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) 'Department' means the Department of Human Resources. (4) 'Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the

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death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (5) 'File' means the presentation of a vital record provided for in this chapter for registration by the State Office of Vital Records. (6) 'Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. (7) 'Induced termination of pregnancy' means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. (8) 'Institution' means any establishment, public or private, which provides in-patient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. (9) 'Live birth' means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (I 0) 'Local custodian' means the person appointed by the state registrar to maintain and certify the local records of birth and death. (II) 'Local registrar' means the person appointed by the state registrar to collect and transmit to the department certificates of birth, death, fetal death, and any other reports required by this chapter. (12) 'Physician' means a person authorized or licensed to practice medicine or osteopathy pursuant to Chapter 34 of Title 43. (13) 'Registration' means the acceptance by the State Office of Vital Records and the incorporation of vital records provided for in this chapter into the vital records registration system. ( 14) 'Special abstracting agent' means the person appointed by the state registrar to examine and abstract evidence and submit such information to the department in order to file delayed certificates of birth or amend certificates of birth. (15) 'Spontaneous fetal death' means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy. (16) 'State registrar' means the person responsible for the State Office ofVital Records and the state vital records registration system. (17) 'Stillbirth' or 'stillborn' means an unintended, intrauterine fetal death after a gestational age of not less than 20 completed weeks or of a fetus with a weight of 350 grams or more. (18) 'Vital records' means certificates or reports of birth, death, marriage, divorce, dissolution of marriage, or annulment and data related thereto.

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(19) 'Vital records registration system' means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis, and publication of vital statistics. (20) 'Vital statistics' means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination ofpregnancy, marriage, divorce, dissolution of marriage, or annulment and related reports.'

SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
'31-10-33. (a) For any stillborn child in this state, the State Office of Vital Records shall, within 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a certificate of birth resulting in stillbirth. (b) The person who is required to file a fetal death certificate under Code Section 31-10-18 shall advise the parent of a stillborn child:
(1) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate; (2) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records; (3) How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and (4) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a vital record when held by the state registrar system. (c) The request for a certificate of birth resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7. (d) The certificate of birth resulting in stillbirth shall contain: (I) The date of the stillbirth; (2) The county in which the stillbirth occurred; (3) The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the certificate of birth resulting in stillbirth with the name 'baby boy' or 'baby girl' and the last name of the parents; (4) The state file number of the corresponding fetal death certificate; and (5) The following statement: 'This certificate is not proof of live birth.' (e) The certificate of birth resulting in stillbirth shall also contain: (1) Gender; (2) Place of delivery; (3) Residence of mother;

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(4) The attendant at delivery; (5) Gestational age at delivery; (6) Weight at delivery; (7) Mother's name; (8) Father's name; (9) Time of delivery; and (I 0) Type of delivery, including but not limited to single, twin, or triplet. (f) A certificate of birth resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a vital record. (g) A parent may request that the State Office of Vital Records issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued. (h) Those individuals who are entitled to request a certificate of birth resulting in stillbirth are: (I) Either parent of the stillborn child listed on the vital record; (2) A grandparent of the stillborn child; (3) An adult brother or sister of the stillborn child; (4) A legal representative of the parent; and (5) A court of competent jurisdiction. (i) The State Office ofVital Records shall not use a certificate ofbirth resulting in stillbirth to calculate live birth statistics. (j) This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth. (k) The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the certificate of birth resulting in stillbirth.'

SECTION 4. This Act shall become effective July 1, 2008.

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

Approved May 12, 2008.

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MOTOR VEHICLES- LICENSING; OUT-OF-STATE STUDENTS; HOME SCHOOL DRIVER TRAINING; SURPLUS PROPERTY DISPOSITION.

No. 566 (House Bill No. 969).

AN ACT

To amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to amend Chapter 10 of Title 40 of the Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, so as to provide the Governor certain authority relating to the disposition of surplus property; 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 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, is amended by revising subsection (b) as follows:
'(b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if:
(1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license; and (2) He or she is currently enrolled or was enrolled during the immediately preceding period of enrollment in a school in this state, has paid for the current period of enrollment or paid for the immediately preceding period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current or immediately preceding period of enrollment.n

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SECTION 1. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, is amended by adding a new paragraph at the end of subsection (a.2) to read as follows:
'(5) For purposes of this Code section, the term 'approved driver education training course' shall include instruction given in the course of a home education program that satisfies the reporting requirements of all state laws governing such programs, provided that such instruction utilizes a curriculum approved by the department.'

SECTION 2. Chapter 10 of Title 40 ofthe Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, is amended by revising Code Section 40-10-7, relating to specific authority and duties of the Governor, as follows:
40-10-7. Notwithstanding the provisions of Code Section 50-5-143, the Governor is authorized and granted the power to contract and to exercise any other powers which may be necessary in order to ensure that all departments ofthe state government and local political subdivisions participate to the fullest extent possible in the benefits available under the National Highway Safety Act of 1966 and similar federal programs of highway safety. The Governor shall formulate standards for highway safety programs for political subdivisions to assure that they meet the criteria of the National Highway Safety Agency and shall institute a reporting system for the local political subdivisions to report the status of their programs to the state.'

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

Approved May 13, 2008.

EDUCATION- HOPE SCHOLARSHIP; ELIGIBILITY.
No. 567 (House Bill No. 152).
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 that otherwise

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qualified students who score in the eighty-fifth percentile or higher nationally on a standardized college admission test shall be eligible for the HOPE scholarship; 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 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 revising subsection (a) of Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows:
'(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 ofGeorgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 20-2-157; (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 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; 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

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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 (C) In the case of an otherwise qualified student who: (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 but received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (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; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eighty-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.'

SECTION 2. Said part is further amended by revising subsection (a) of Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows:
'(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(I) Meet residency requirements by meeting the requirements to be classified as a legal resident ofGeorgia 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 of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; (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) ofCode 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 of the quarter or semester in which the student has attempted 45

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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; or (C) In the case of an otherwise qualified student who: (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 but received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (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; or (iii) Graduated from a high school which is not an eligible high school, earning a score in the eighty-fifth percentile or higher nationally on a standardized college admission test, such as the SAT or ACT; 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.'

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

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

Approved May 13, 2008.

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COMMERCE AND TRADE- IDENTITY THEFT; SECURITY FREEZES.

No. 568 (House Bill No. 130).

AN ACT

To amend Article 34 of Chapter I of Title I0 of the Official Code of Georgia Annotated, relating to protection from identity theft, so as to provide for security freezes on consumer credit accounts; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for fees; to provide for a penalty for violations; to provide for notice to consumers; 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 34 of Chapter I of Title I0 of the Official Code of Georgia Annotated, relating to identity theft, is revised by adding new Code sections to read as follows:
'10-1-913. As used in this Code section and in Code Section 10-1-914, the term:
(I) 'Consumer' means a natural person residing in this state. (2) 'Consumer credit report' means a 'consumer report' as defined in 15 U.S.C. Section 1681 a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes. (3) 'Consumer credit reporting agency' means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. (4) 'Normal business hours' means any day, between the hours of 8:00A.M. and 9:30 P.M., Eastern Standard Time. (5) 'Person' means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity. (6) 'Proper identification' means information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq. (7) 'Security freeze' means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumer's consumer credit report or any information derived from the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer.

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10-1-914. (a) A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 1, 2008, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m) of this Code section, the consumer credit reporting agency from releasing the consumer's credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e) of this Code section. Nothing in this subsection prevents a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report. (b) A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than three business days after receiving the consumer's written request sent by certified mail. (c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific period of time. (d) If the consumer wishes to allow the consumer's credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following:
(1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; (3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report; and (4) The proper payment as may be required by the consumer credit reporting agency. (e) A consumer credit reporting agency shall develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) of this Code section. (t) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) of this Code section shall comply with the request: (I) No later than three business days after receiving a written request; or

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(2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumer's proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency. (g) A consumer reporting agency need not remove a security freeze within 15 minutes, as specified in paragraph (2) of subsection (f) of this Code section, if: (1) The consumer fails to satisfy the requirements of subsection (d) of this Code section; or (2) The consumer credit reporting agency's ability to remove the security freeze within 15 minutes is prevented by:
(A) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomenon; (B) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives; (E) Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer reporting agency's systems; (F) Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled; or (G) Receipt of a removal request outside of normal business hours. (h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumer's credit report: (I) Upon the consumer's request, in compliance with the requirements of this Code section; or (2) If the consumer's credit report was frozen due to a material misrepresentation offact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumer's credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumer's credit report. (i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumer's credit report to be accessed for that specific period of time, the third party may treat the application as incomplete. (j) If a consumer requests a security freeze pursuant to this Code section, the consumer credit reporting agency shall disclose to the consumer the process of placing and

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temporarily lifting a security freeze and the process for allowing access to information from the consumer's credit report for a specific period of time while the security freeze is in place. (k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following:
(I) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; and (3) The proper fee as may be required by the consumer credit reporting agency. (I) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze. (m) By way of example only, and not intending to be exclusive, the provisions of this Code section shall not apply to the use of a consumer credit report by any of the following: (1) A person, or the person's subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes ofreviewing the active account or collecting the financial obligation owing for the account, contract, or debt; (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this Code section for purposes of facilitating the extension of credit or other permissible use; (3) Any person acting pursuant to a court order, warrant, or subpoena; (4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations; (5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities; (6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns; (7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. Section 1681b(c); (8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (9) Any person for the purpose of providing a consumer with a copy of the consumer's credit report or credit score upon the consumer's request; (1 0) Any depository financial institution for checking, savings, and investment accounts; or (11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting.

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(n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address. (o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this Code section; provided, however, that any person that shall not be required to place a security freeze on a consumer credit report under the provisions of paragraph (3) of this subsection shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information:
(I) A check services or fraud prevention services company, including reports on incidents offraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; (3) Resellers ofconsumer credit report information that assemble and merge information contained in a data base of one or more consumer credit reporting agencies and do not maintain a permanent data base of consumer credit information from which new consumer credit reports are produced; or (4) A consumer credit reporting agency's data base or file which consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal claim loss history information, and employment, tenant, or individual background screening. (p) This Code section shall not prevent a consumer credit reporting agency from charging a fee of no more than $3.00 to a consumer for each security freeze placement, any permanent removal of the security freeze, or any temporary lifting of the security freeze for a period of time. A ~onsumer credit reporting agency shall not charge a person age 65 or over for the placement of a security freeze. A consumer credit reporting agency shall not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim's identifying information by another person that was filed with the law enforcement agency no more than 90 days prior to the consumer's request for a security freeze. A consumer credit reporting agency may charge a fee of no more than

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$5.00 to a consumer for each replacement of a unique personal identification number or password. (q) A person that violates this Code section may be investigated and prosecuted under the provisions of the Fair Business Practices Act, Code Section 10-1-390, et seq., and may be fined not more than $100.00 for a violation concerning a specific consumer.

10-1-915. At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. Section 168lg(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice:
'Georgia Consumers Have the Right to Obtain a Security Freeze. You have a right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following: (1) The personal identification number or password. (2) Proper identification to verify your identity. (3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than fifteen (15) minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted. A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. You have a right to bring civil action against anyone, including a consumer reporting agency, who improperly obtains access to a file, knowingly or willfully misuses file data, or fails to correct inaccurate file data. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency

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to verify the crimes, or you are 65 or older, a consumer reporting agency has the right to charge you a fee of no more than $3.00 to place a freeze on your credit report.''

SECTION 2. This Act shall become effective on August I, 2008.

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

Approved May 13, 2008.

CRIMES- CRIMINAL ACTIVITY; DESIGNATED RECREATION AREAS.
No. 569 (Senate Bill No. 453).
AN ACT
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to add the state as an entity authorized to govern certain criminal activity in areas designated for recreation 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. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by revising subsection (a) of Code Section 16-13-32.5, relating to manufacturing, distributing, dispensing, or possessing certain substances near park or housing projects, as follows:
'(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or a counterfeit substance in, on, or within I ,000 feet of any real property which has been dedicated and set apart by the governing authority of any municipality, county, state authority, or the state for use as a park, playground, recreation center, or for any other recreation purposes, unless the manufacture, distribution, or dispensing is otherwise allowed by law.'

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

Approved May 13, 2008.

LAW ENFORCEMENT- IDENTITY FRAUD; GBI POWERS.
No. 570 (Senate Bill No. 388).
AN ACT
To amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau oflnvestigation, respectively, so as to provide the Georgia Bureau oflnvestigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; 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. Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, is amended by revising Code Section 16-9-123, relating to investigations in identity fraud cases, as follows:
'16-9-123. The administrator appointed under Code Section 10-1-395 shall have the authority to investigate any complaints of consumer victims regarding identity fraud. In conducting such investigations the administrator shall have all investigative powers which are available to the administrator under Part 2 of Article 15 of Chapter I of Title I0, the 'Fair Business Practices Act of 1975.' If, after such investigation, the administrator determines that a person has been a consumer victim of identity fraud in this state, the administrator shall, at the request of the consumer victim, provide the consumer victim with certification ofthe findings of such investigation. Copies of any and all complaints received by any law enforcement agency of this state regarding potential violations of this article shall be transmitted to the Georgia Bureau oflnvestigation. The Georgia Bureau oflnvestigation shall maintain a repository for all complaints in the State of Georgia regarding identity fraud. Information contained in such repository shall not be subject to public disclosure. The information in the repository may be transmitted to any other appropriate investigatory

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agency or entity. Consumer victims of identity fraud may file complaints directly with the Governor's Office ofConsumer Affairs, the Georgia Bureau oflnvestigation, or with local law enforcement. Employees of the Governor's Office of Consumer Affairs may communicate with consumer victims. Any and all transmissions authorized under this Code section may be transmitted electronically, provided that such transmissions are made through a secure channel for the transmission of such electronic communications or information, the sufficiency of which is acceptable to the Governor's Office of Consumer Affairs. Nothing in this Code section shall be construed to preclude any otherwise authorized law enforcement or prosecutorial agencies from conducting investigations and prosecuting offenses of identity fraud.'

SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended in subsection (a) of Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, by striking "or" at the end of paragraph (9), by replacing the period with"; or" at the end ofparagraph (10), and by adding a new paragraph to read as follows:
(II) Identify and investigate violations of Article 8 of Chapter 9 of Title 16.'

SECTION 3. Said chapter is further amended by revising paragraph (I) of subsection (a) of Code Section 35-3-4.1, relating to subpoena for production of electronic communication service records for computer or electronic devices used in furtherance of certain offenses against minors, as follows:
'(a)(l) In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of Title 16, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications.'

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 13,2008.

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603

EDUCATION- GEORGIA CHARTER SCHOOLS COMMISSION.

No. 571 (House Bill No. 881).

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 legislative findings and intent; to provide for definitions; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for commission charter schools; to provide for cosponsors; to provide for petitions and review; to provide for petitions from existing charter schools; to provide for access to information for parents; to provide for an annual report; to provide for debts of commission charter schools; to provide for funding for commission charter schools; to provide for collaboration by the commission with the Department of Education; to provide for rules and regulations; to provide for application of general charter school laws; to provide for retention of administrative fees by a local board ofeducation for newly approved local charter schools; to provide for additional QBE funding for full-time equivalent students in system charter schools; to include such amount in the total state funds allotted to a school 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is revised by adding a new article to read as follows:

HARTICLE 31A

20-2-2080. (a) The General Assembly finds that:
(I) Charter schools are a critical component in this states efforts to provide efficient and high-quality schools within this state's uniform system of public education; (2) Charter schools provide valuable educational options and learning opportunities while expanding the capacity of this state's system of public education and empowering parents with the ability to make choices that best fit the individual needs of their children; and (3) The growth of charter schools in this state has contributed to enhanced student performance, greater efficiency, and increased parental satisfaction. (b) It is the intent of the General Assembly that:

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(I) There be established a state-level commissiOn whose primary focus is the development and support of charter schools in order to better meet the growing and diverse needs of some of the increasing number and array of charter schools in this state and to further ensure that charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner; and (2) New sources of community support from cosponsors should be authorized to participate in developing and supporting charter schools, with the goal of maximizing access to a wide variety of high-quality educational options for all students regardless of disability, race, or socioeconomic status, including those students who have struggled in a traditional public school setting.

20-2-2081. As used in this article, the term:
(I) 'Commission' means the Georgia Charter Schools Commission established pursuant to Code Section 20-2-2082. (2) 'Commission charter school' means a charter school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A commission charter school shall exist as a public school within the state as a component of the delivery of public education within Georgia's K-12 education system. (3) 'Cosponsor' means a municipality, county, consolidated government, university or college of the board of regents, technical institution of the Department of Technical and Adult Education, or regional educational service agency which has been authorized by the commission pursuant to Code Section 20-2-2083. (4) 'Department' means the state Department of Education. The definitions set forth in Code Section 20-2-2062 shall be applicable to this article.

20-2-2082. (a) The Georgia Charter Schools Commission is established as a state-level charter school authorizing entity working in collaboration with the Department of Education. Startup funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than September I, 2008.

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Each member shall serve a term of two years; however, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms as determined by the State Board ofEducation. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population who has experience in finance, administration, law, education, public school teaching, and school governance. (c) The commission is encouraged to convene its first meeting no later than October 1, 2008, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews commission charter school petitions and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21.

20-2-2083. (a) The commission shall have the power to:
(1) Approve or deny petitions for commission charter schools and renew, nonrenew, or terminate commission charter school petitions in accordance with State Board of Education rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a charter petition for a commission charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise working capital. The State Board of Education may overrule the approval, denial, renewal, nonrenewal, or termination of a commission charter school by the commission within 60 days of such decision by the commission upon a vote of at least two-thirds of the members of the state board; provided, however, that a commission charter school petitioner may re-apply to the commission for approval or renewal after remedying any deficiencies cited by the State Board of Education; (2) Authorize cosponsors of commission charter schools; and (3) Conduct facility and curriculum reviews of commission charter schools. (b) The commission shall have the following duties:

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( 1) Review charter school petitions for commission charter schools and assist in the establishment ofcommission charter schools throughout this state. The commission shall ensure that all charters for commission charter schools are consistent with state education goals; (2) Develop, promote, and disseminate best practices for charter schools and charter school cosponsors in order to ensure that high-quality charter schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven charter school programs; (3) Develop, promote, and require high standards of accountability for commission charter schools. The commission shall ensure that each commission charter school participates in the state's education accountability system. If a commission charter school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education; (4) Monitor and annually review the performance of cosponsors; (5) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, ofcommission charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commission's duties to monitor the charter school shall not constitute the basis for a private cause of action; (6) Report to each local school system the number of students who reside in such school system and are enrolled in a commission charter school; (7) Work with its cosponsors to monitor the financial management of each commission charter school; (8) Direct charter schools and persons seeking to establish charter schools to sources of private funding and support; (9) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may, through the State Board of Education, receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article; (10) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for commission charter schools; (11) Act as liaison for cosponsors and commission charter schools in cooperating with local boards of education that may choose to allow commission charter schools to utilize excess space within school facilities; (12) Collaborate with cosponsors for the purpose of providing the highest level of public education to all students, including, but not limited to, low-income, low-performing, gifted, and underserved student populations and to students with special needs. Such collaborations shall:

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(A) Allow universities and colleges of the board of regents and technical institutions ofthe Department ofTechnical and Adult Education that cosponsor commission charter schools to enable students attending a commission charter school to take college courses and receive high school and college credit for such courses; and (B) Assist in determining the feasibility of establishing commission charter schools for students with disabilities; (13) Meet the needs of commission charter schools and local school systems by uniformly administering high-quality commission charter schools, thereby removing administrative burdens from the local school systems; (14) Assist commission charter schools in negotiating and contracting with local boards ofeducation that choose to provide certain administrative or transportation services to the charter schools on a contractual basis; and (15) Provide training for members of commission charter school governing bodies after approval of the charter school. The training shall include, but not be limited to, best practices on charter school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and State Board of Education rules.

20-2-2084. (a) The commission shall begin accepting applications to act as cosponsors no later than January 31, 2009. The commission shall review and evaluate all applications in accordance with commission rules and regulations established pursuant to this article to encourage technical assistance, academic support, curriculum review, financial assistance, or other support from cosponsors. (b) Cosponsors shall have no authority to authorize charter schools. Cosponsors may partner with charter petitioners and the commission to provide community support for the proposed charter school. This support may include technical assistance, academic support, curriculum review, financial assistance, or other support as agreed to between the cosponsor and the commission charter school. (c) Upon approval of a cosponsor, the commission and the cosponsor shall enter into an agreement that defines the cosponsor's rights and obligations.

20-2-2085. (a) Charter school petitions submitted to the commission shall be subject to State Board of Education rules and regulations established pursuant to this article and as otherwise applicable to charter schools. (b) A petitioner for a commission charter school shall submit a petition for a start-up charter school to the local board of education in which the school is to be located and to each local school system from which the commission charter school plans to enroll students prior to or concurrently with a corresponding petition to the commission unless the proposed commission charter school plans to enroll students from five or more counties;

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provided, however, that the commission shall not act on the commission charter school petition until the local board of education or local boards of education have had the opportunity to approve or deny the petition for a start-up charter school in accordance with State Board of Education rules and regulations. Local board of education approval or denial of a start-up charter school petition shall not preclude the petitioner from seeking authorization from the commission. A petitioner shall not be required to seek authorization from the commission for a commission charter school if the local board of education or local boards of education approve the petition for a start-up charter school; provided, however, that such start-up charter school shall be governed by Article 31 of this chapter. The commission shall take into consideration any support or opposition by the local board of education or local boards of education on a start-up charter school petition when it votes to approve or deny a corresponding commission charter school petition.

20-2-2086. A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. A local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a commission charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education.

20-2-2087. The commission shall provide maximum access to information regarding commission charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to commission charter schools throughout this state, and public education programs concerning commission charter schools.

20-2-2088. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all commission charter schools and cosponsors approved under this article.

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20-2-2089. If a charter is not renewed or is terminated, the commission charter school shall be responsible for all debts of such charter school. The local school system may not assume the debt from any contract for services made between the governing body of the commission charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility.

20-2-2090. (a) The Department of Education shall pay to each commission charter school through appropriation of state and federal funds an amount equal to the sum of:
(1) QBE formula earnings, QBE grants, and federal grants earned by the commission charter school based on the school's enrollment, school profile, and student characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development. For purposes ofthis paragraph, QBE formula earnings shall not include the additional amount provided for in Code Section 20-2-165.1 earned by a charter system for full-time equivalent students in its schools; (2) A proportional share of state categorical grants, nonQBE state grants, state equalization grants, and all other state and federal grants; and
(3)(A) An amount determined by the commission for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the student attending the commission charter school resides; provided, however, that the commission may reduce the amount calculated pursuant to this paragraph based on factors that affect the cost of providing instruction. (B) In making the funding determination required pursuant to this paragraph, the commission shall take into account the following factors:
(i) In the case of a commission charter school that draws students from multiple school systems, the commission shall take into account the actual costs of operating such a commission charter school and any efficiencies gained by using an expanded attendance zone; and (ii) In the case of a commission charter school that plans to offer virtual instruction, the commission may reduce the amount calculated pursuant to this paragraph based on the factors specified in subparagraph (A) of this paragraph. (b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each commission charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article.

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(c) The total allotment of state and federal funds to the local school system in which a student attending a commission charter school resides shall be calculated as otherwise provided in Article 6 ofthis chapter with an ensuing reduction equivalent to the amount of state and federal funds appropriated to the commission charter schools pursuant to subsection (a) of this Code section. (d) For purposes of funding students enrolled in commission charter schools in the first year of such charter school's operation and prior to the initial student count, the department shall calculate and distribute the funding for the commission charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. After the initial student count during the first year of such commission charter school's operation and in all years of operation thereafter, each commission charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the department to conduct more than two student counts per year.

20-2-2091. The commission shall work in collaboration with the department on all matters related to charter authorizing and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, commission charter schools should, consistent with department rules and regulations, be treated as contained within a single, state-wide local education agency. This local education agency shall be administered by the Department of Education, which shall ensure that commission charter schools receive the support required by this article, including, but not limited to, establishing procedures to ensure that commission charter schools receive the funding required by Code Section 20-2-2090.

20-2-2092. The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the same manner as for state chartered special schools under Article 31 of this chapter.'

SECTION 2. Said chapter is further amended in Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, by adding a new subsection to read as follows:

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'(c.2) For newly approved local charter schools, including charter renewals, the local board of education may retain an amount of the charter school's per pupil share of state and local funding not to exceed 3 percent ofthe total funds earned by the charter school to reimburse the local school system for administrative services actually provided to the charter school.'

SECTION 2A. Said chapter is further amended in Part 4 of Article 6, relating to financing under the "Quality Basic Education Act," by adding a new Code section to read as follows:
'20-2-165.1. In addition to the amounts earned by a charter system pursuant to subsection (b) of Code Section 20-2-161, a charter system shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system.

SECTION 2B. Said chapter is further amended in Code Section 20-2-166, relating to the calculation, allotment, and distribution of state funds, by revising subsection (a) as follows:
'(a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by:
(I) Adding the amount calculated for the local school system for grants authorized under the provisions ofthis article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-161; (2) Subtracting the amount of funds required by the local school system for local five mill share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; (3) Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education Formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not

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adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article; and (4) If a charter system, adding any additional amount which may be earned pursuant to Code Section 20-2-165.1.'

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

Approved May 13, 2008.

EDUCATION- HEALTH INSURANCE; CHARTER SCHOOLTEACHERS AND EMPLOYEES.
No. 572 (House Bill No. 1277).
AN ACT
To amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for teachers and other school personnel in elementary and secondary education, is amended in Code Section 20-2-880, relating to definitions relative to a health plan for public school teachers, by revising paragraphs (3) and (4) as follows:
"(3) 'Local employer' means the county or independent board of education, a charter school, regional and county libraries, and the governing authority of Georgia Military College. (4) 'Public school teacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. 'Public school teacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed by regional and county libraries or the high

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school program of Georgia Military College. 'Public school teacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. 'Public school teacher,' 'teacher,' and 'employee' also mean any person employed not less than half time and compensated in a professionally certificated capacity or position in a charter school in this state established pursuant to Article 31 of Chapter 2 of Title 20 if such charter school elects upon initial approval of its charter or, if such charter school is an existing charter school, elects upon notice by the health insurance plan provided in this part or upon the expiration of its current health care plan or by no later than December 31,2009, to participate in the health insurance plan established pursuant to this subpart. 'Public school teacher,' 'teacher,' and 'employee' shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 I/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority.'

SECTION 2. Said part is further amended in Code Section 20-2-910, relating to definitions relative to a health plan for public school employees, by revising paragraph (3) as follows:
'(3) 'Public school employee' means an 'employee' as defined in paragraph (20) of Code Section 47-4-2. 'Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60 percent of the time required to carry out the duties of such position. 'Public school employee' also means any person, other than an employee in a professionally certificated capacity or position, employed not less than half time and compensated in a charter school in this state established pursuant to Article 31 ofChapter 2 of Title 20 if such charter school elects upon initial approval of its charter or, if such charter school is an existing charter school, elects upon notice by the health insurance plan provided in this part or upon the expiration of its current health care plan to participate in the health insurance plan established pursuant to this subpart. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 13, 2008.

STATE GOVERNMENT- GEORGIA ARTS ALLIANCE.
No. 573 (House Bill No. 291).
AN ACT
To amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to create the Georgia Arts Alliance; to provide for legislative findings; to foster a public-private partnership for support of the arts; to provide for the membership, appointment, terms, filling of vacancies, duties, and responsibilities of the board of trustees of the Georgia Arts Alliance; to provide for the creation, appointment, terms, filling of vacancies, duties, and responsibilities of an advisory committee to the alliance; to provide for certain reports and audits; to provide for development of a cultural policy for the State of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 12 of Title 50 ofthe Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, is amended by designating the existing text as Part 1 and inserting a new Part 2 to read as follows:
'Part 2
50-12-30. The General Assembly finds that:
(1) Tourism is Georgia's second largest industry and cultural heritage tourism is the fastest growing industry segment; (2) The arts surpass professional sports in attendance and are ranked as one ofthe top ten reasons for corporate relocations; (3) The arts preserve history and heritage for Georgians; (4) The arts enhance education success for our children through the teaching of complex

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and abstract ideas; the nurturing of the development of cognitive, social, and personal competencies; and the reaching of otherwise unreachable students; (5) Preparing Georgia children for success in our competitive global economy that increasingly demands creative solutions to challenging problems is a fundamental obligation of the State of Georgia; (6) Utilizing all available tools to improve Georgia's public schools is critical to demonstrating Georgia's strong commitment to work force readiness and to encouraging continued job growth and relocation of attractive knowledge based industries within Georgia; (7) Research studies and experience in recent years demonstrate that the presence of arts in education, whether part of the curriculum or as supplemental programs, can increase students' engagement in learning as well as their social and civic development; (8) Integrating arts in education in various ways as a meaningful part of the K-12 school environment can have the following benefits:
(A) Reaching and increasing the performance ofstudents who often struggle to succeed in school, including disadvantaged students, English language learners, and students with disabilities; (B) Providing new challenges for those students already considered successful; (C) Improving the cognitive skills of students involved in reading, language development, and mathematics; (D) Lead to a student's development of problem solving and critical and creative thinking skills; (E) Motivating students to learn and become more involved in their schools; (F) Increasing student attendance and engagement and lowering drop out rates; and (G) Promoting student self-confidence and fostering better relationships among students and teachers; (9) Public funding support for the arts and the teaching and physical infrastructure needed to provide arts and arts in education is an essential part of Georgia's efforts to improve education and provide for economic development and tourism; (10) Companies desire employees who can meet the challenges of a global economy and can apply creative thought to problem solving; (11) The arts build communities and increase the quality of life for Georgians; (12) Increasing the availability of the arts and tourism is a direct economic benefit for the economy of Georgia and will provide jobs and opportunities for our citizens; (13) It is in the best interests of this state and its citizens to support the arts, education, economic development, and tourism; and (14) The success and significant advances made by the Georgia Research Alliance as a public-private partnership in higher education demonstrates that a coordinated public-private partnership to focus resources on critical educational objectives is an efficient and flexible means for allocating resources and ensuring measurable results.

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50-12-31. (a) In order to foster a public-private partnership for the support of the arts, education, economic development, and tourism in this state, there is created the Georgia Arts Alliance. Such alliance shall be for the purpose of receiving and distributing funds for the support of the arts, including the Georgia Council for the Arts, and the teaching and physical infrastructure needed to provide arts and arts in education in order to improve education and provide for economic development and tourism. The Georgia Arts Alliance shall not be an entity or agency of government, but shall be a private entity operating under and in accordance with the laws of this state. It is the intent of the General Assembly that such private entity take all necessary steps to become a Section 50l(c)(3) entity under the Internal Revenue Code.
(b)(l) The Georgia Arts Alliance shall be governed by a board of trustees consisting of ten members. The members of the board shall include the State School Superintendent, the commissioner of economic development, the Executive Director of the Georgia Council of the Arts, and seven members appointed by the Governor, Lieutenant Governor, and Speaker of the House as follows: the Governor shall appoint five members, one of which may be the head of a not for profit arts organization with an annual budget of more than $10 million, one of which may be the head of a not for profit organization with a budget of less than $10 million, one of which may be the chief executive officer of a for profit company with more than 1,000 employees, one of which may be the chief executive officer of a for profit company with less than 1,000 employees, and one of which who is a representative of a private charitable foundation; the Lieutenant Governor shall select one member who may be the head of a school district with more than 25,000 students; and the Speaker of the House shall select one member who may be the head of a school district with less than 25,000 students. (b)(2) The Governor shall appoint one member to serve as chairperson of the board of trustees. The board may elect such other officers as the board deems appropriate. The board shall meet at the call of the chairperson or the request of any three members. (c) The members of the board of trustees shall serve terms of four years and until their successors are appointed and qualified; provided, however, that the initial terms ofthe head of a not for profit arts organization with an annual budget of more than $10 million, the head of a school district with more than 25,000 students, and the chief executive officer of a for profit company with fewer than 1,000 employees in Georgia shall be for two years and until their successors are appointed and qualified. Thereafter, such members shall serve four-year terms and until their successors are appointed and qualified. The members of the board shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred while on the business of the alliance. (d) The board oftrustees shall appoint an advisory committee to assist the board members in their duties. Such advisory committee shall consist of not more than 30 members and shall be chaired by the executive director of the alliance. The advisory committee shall include at least two representatives from each of the state's congressional districts. In

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making its appointments, the board shall select members of the boards of arts, education, economic development, and tourism organizations; persons who have shown a commitment to the arts in their communities; and persons who understand the needs of business, education, and the arts and tourism industries. Such members shall serve for four-year terms and until their successors are selected and qualified; provided, however, that the board oftrustees shall designate 15 of the initial appointees to serve terms of two years and until their successors are selected and qualified. Such 15 members shall thereafter serve four-year terms and until their successors are selected and qualified. The members of the advisory committee shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred while on the business of the advisory committee.

50-12-32. The Georgia Arts Alliance may have the following purposes:
(1) To support the efforts of the Georgia Council for the Arts in the advancement of the arts and tourism industries of this state; (2) To support through the arts and arts education the efforts ofthe Georgia Department of Economic Development; (3) To support the improvement of public education in Georgia through the integration of the arts in education and to ensure that the benefits of arts education are competitively available to all schools; (4) To provide annually to individual public schools enabling matching grants for up to three years for a specified arts program or project for students based on competitive evaluation by the advisory board or a committee of the advisory board of the various proposals; (5) To provide annually to the Georgia Council for the Arts an incremental addition to the council's funding from other sources to support professional development ofteachers, teaching artists, and administrators for arts in education through learning grants to individuals; and to support employment of an art education specialist in both the Georgia Council for the Arts and the Department of Education; (6) To partner with a Learning Center for Excellence in the Arts serving all of Georgia which is owned or operated by an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is part of a Music Center of Excellence serving all of Georgia and has an infrastructure in place to support at least 50,000 students in kindergarten through grade 12; (7) To receive, invest, and administer funds received, including without limitation funds from the state, the federal government, private donations, grants, and other sources to fulfill the purposes for which the alliance is created; (8) To attract contributions and grants for the purposes of the alliance; (9) To utilize funds ofthe alliance for matching dollars for federal and foundation grants to fulfill the purposes of the alliance; and

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(l 0) To engage in other activities designed to support Georgia's arts and the teaching and physical infrastructure needed to provide arts and arts in education in order to improve education and provide for economic development and tourism.

50-12-33. The board of trustees shall have the following duties and responsibilities:
(I) To operate and manage the Georgia Arts Alliance, including the investment and reinvestment of the alliance's funds, the management of assets of the alliance, and the distribution of such funds and assets to fulfill the purpose of the alliance; (2) To enter into contracts with public and private entities for services needed by the alliance and to fulfill the purposes of the alliance; (3) To employ such staff and consultants as deemed necessary to fulfill the purposes of the alliance and to manage, invest, and administer funds and assets of the alliance; (4) To receive, retain, and invest donations, state and federal funding, grants, and other funds and assets; (5) To ensure that an annual independent audit is conducted of all funds and assets ofthe alliance; (6) To apply for and administer grants from public and private entities to fulfill the purposes of the alliance, to assist Georgia arts organizations in obtaining and administering grants for these purposes, and to partner with other organizations in order to obtain such grants; (7) To institute and administer grant programs for Georgia arts organizations and programs to fulfill the purposes of the alliance; (8) To ensure that determinations of any public funding recipients shall be based not on political expediency but rather on the project's contribution to the general welfare of its intended audience and the project's demonstration of its relative ability to provide benefits to the state and its citizens as quantified as required by paragraph (10) of this Code section. (9) To promote, fund, conduct, and assist in the development, provision, and expansion ofarts education programs in Georgia and the teaching and physical infrastructure needed to provide arts and arts in education; (10) To develop a measurement consistent with state or national standards that will ensure that information provided by the alliance in any report to the Governor and the General Assembly concerning the impact of the arts on education, economic development, and tourism have verifiable metrics in order to aid the General Assembly in determining whether any public money expended in support of the arts provides quantifiable benefits to the state and its citizens; and (11) To perform such other tasks as may be appropriate to fulfill its purposes not inconsistent with law.

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50-12-34. (a) The funds and assets of the alliance shall be independently audited annually, and the results of such audit shall be open to inspection at reasonable times by any person. A copy of the audit report shall be sent to the state auditor and the state accounting officer. (b) The alliance shall provide the Governor and the members of the General Assembly with a full report of its activities and funds distribution in December of each year with recommendations, ifany, for legislation to assist the alliance in achieving its purposes. The report shall include information on the impact of the arts on education, economic development, and tourism, specifying the metric results using the measurement system developed by the alliance as required in paragraph (10) of Code Section 50-12-33.

50-12-35. The Georgia Arts Alliance may from time to time make written recommendations to the Governor and the General Assembly for strengthening of the arts in Georgia. The recommendations may include, but not be limited to, the following:
(1) Strategies for promoting, both within Georgia and beyond, cultural tourism for all areas of the state; and (2) Recommendations regarding the use of arts in education and instruction in arts in the public schools.'

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

Approved May 13, 2008.

EDUCATION- CHARTER SCHOOL CAPITAL FINANCE ACT.
No. 574 (House Bill No. 831).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a grant program under the State Board of Education with respect to qualified donations for the purchase of real property or capital outlay for charter schools; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the State Board

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of Education with respect to the foregoing; to provide for rules and regulations; to provide an effective date; to provide for related matters; to repeal conflicting Jaws; 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 read as follows:

'ARTICLE 31B

20-2-3010. This article shall be known and may be cited as the 'Charter School Capital Finance Act.'

20-2-3011. As used in this article, the term:
(I) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (2) 'Charter school' means a charter school:
(A) As defined in paragraph (3) of Code Section 20-2-2062; or (B) Authorized by a state entity pursuant to other statutory authority. (3) 'Qualified charter school contributions' means the donation offunds by a taxpayer to a qualified charter school organization for the purchase of real property and for capital outlay for a charter school. Such donations shall only be deemed qualified for purposes of this article if any real property purchased for a charter school with the proceeds donated pursuant to this article or any charter school constructed or expanded with proceeds donated pursuant to this article shall have title held by the state board or, if approved by the state board, a local board of education or other state or local government entity. (4) 'Qualified charter school organization' means a charitable organization in this state that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code which is approved by the state board to provide funds for the purchase of real property for capital outlay for charter schools in this state. (5) 'State board' means the State Board of Education.

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20-2-3012. Subject to appropriations by the General Assembly, the state board shall establish a grant program for qualified charter school contributions. The grant program shall provide one dollar in matching funds up to a maximum amount authorized by the state board for a single charter school project for each dollar donated to a qualified charter school organization for such project; provided, however, that the total amount to a qualified charter school organization for a single charter school project shall not exceed 75 percent ofthe average per student state portion ofcapital outlay funding provided pursuant to Code Section 20-2-260 multiplied by the number of students that the charter school project was designed to serve.

20-2-3013. If appropriations are made by the General Assembly specifically for this program, the state board shall establish a date certain on which all matching funds shall be committed by a qualified charter school organization in order to be eligible for the state portion provided pursuant to this article.

20-2-3014. The state board shall adopt policies, guidelines, and standards regarding the construction of charter schools that are constructed in part with contributions made to qualified charter school organizations which, to the extent applicable, shall be consistent with state board policies, guidelines, and standards governing construction of other public schools. The state board shall compile an annual report to the Governor forecasting the amount of requests for matching funds made pursuant to this article. Such report shall be made available to any member of the General Assembly upon request.

20-2-3015. The state board shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this article.'
SECTION 2. This Act shall become effective July 1, 2008.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 13,2008.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES- MOTOR VEHICLE RENTAL COMPANIES; FEE AND TAXES.

No. 575 (Senate Bill No. 181).

AN ACT

To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle and other vehicle rental companies with respect to certain vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; 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 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended by adding a new Code section to read as follows:
'40-2-167. (a) As used in this Code section, the term:
(I) 'Motor vehicle rental company' means an individual or business entity whose business activity is renting motor vehicles to consumers under rental agreements for periods of90 days or less or renting 'heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505. (2) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company. (3) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles or a I 112 percent property tax recovery fee on 'heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505. (4) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased. (5) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver. (b) Pursuant to a written rental agreement between a motor vehicle rental company and a rental customer, a motor vehicle rental company may include separately stated fees in a rental agreement, which may include, but shall not be limited to, recoverable facility

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charges and recoverable fees and taxes, as provided in this Code section. (c) If a motor vehicle rental company includes a charge for recoverable fees and taxes as a separately stated fee in a rental transaction disclosed on the rental agreement, the amount of the charge shall represent the motor vehicle rental company's good faith estimate of the motor vehicle rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual recoverable fees and taxes on its rental motor vehicle fleet for the corresponding calendar year. (d) Ifthe total amount of the recoverable fees and taxes collected by a motor vehicle rental company under this Code section in any calendar year exceeds the motor vehicle rental company's actual recoverable fees and taxes for that calendar year, the motor vehicle rental company shall:
(1) Retain the excess amount; and (2) Adjust the estimated average per vehicle fee for recoverable fees and taxes for the following calendar year by a corresponding amount. Nothing herein shall prevent a motor vehicle rental company from making adjustments to the per vehicle recoverable fees and taxes charge during the calendar year to reflect interim developments affecting the motor vehicle rental company's prior estimated per vehicle fee for such calendar year. (e) The property tax recovery fee may be assessed if the motor vehicle rental company includes the fee as a separately stated fee on its rental agreement. (f) The recovery fee authorized by this Code section for recoverable fees and taxes shall be subject to state and local sales and use tax in the manner and to the same extent as the fee charged for the lease or rental of the rental motor vehicle.'

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

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

Approved May 13, 2008.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PROPERTY- FORECLOSURE; CONDUCTING; CREDITOR IDENTITY; NOTICE.

No. 576 (Senate Bill No. 531).

AN ACT

To amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to change the requirement for mailing or delivery of notice to debtor for sales made under the power of sale in a mortgage, security deed, or other lien contract; to provide for the content of such notice; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, is amended by revising Code Section 44-14-162, relating to manner of advertisement and conduct necessary for validity for sales made on foreclosures under power of sale, as follows:
'44-14-162. (a) No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriffs sales in the county in which such real estate or a part thereof is located and unless notice of the sale shall have been given as required by Code Section 44-14-162.2. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name ofthe new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale.

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(b) The security instrument or assignment thereof vesting the secured creditor with title to the security instrument shall be filed prior to the time of sale in the office of the clerk of the superior court of the county in which the real property is located.'

SECTION 2. Said article is further amended by revising Code Section 44-14-162.2, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, as follows:
I 44-14-162.2. (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument. (b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.'

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

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

Approved May 13,2008.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EDUCATION -NEED AND MERIT LOANS; GRADUATE ON TIME AND EDUCATION
FOR PUBLIC SERVICE.

No. 577 (Senate Bill No. 169).

AN ACT

To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for definitions; to provide for direct loans to students on the basis of need and merit for attendance at certain postsecondary institutions at the rate of 1 percent annually; to provide for definitions; to provide for the maximum amount of such loans; to provide for eligibility requirements; to provide for the random selection of recipients of such loans from eligible applicants; to provide for a fund for such loans that is separate from the general loan fund; to provide for a term of repayment, repayment schedules, and a higher interest rate in the event ofdefault; to enact the "Graduate On Time Student Loan Act" and the "Education for Public Service Student Loan Act"; to provide for direct loans to students for attendance at certain postsecondary institutions; to provide for separate loan funds for such student loan programs; to provide for definitions, maximum loan amounts, eligibility requirements, random selection among eligible applicants, fees, and rules and regulations; to reduce or eliminate the interest rate for such loans and recalculate the balance of such loans if recipients meet specified requirements; to provide for requirements for reduction or elimination of the interest rate; to provide for contents of the promissory note; to provide for certain elections by a student who has qualified for a reduced interest rate for one or more Education for Public Service student loans and for the terms and conditions of such elections; to provide for a term of repayment, repayment schedules, and a higher interest rate in the event of default; to provide for an opportunity on income tax returns for Georgia taxpayers to contribute to these funds for student loans; to provide for procedures for transmittal of such donations to the Georgia Student Finance Authority and for equal division of such contributions among the three funds for student loans established by this Act; to provide for grants to students attending North Georgia College and State University who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification ofeligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits ofthe college; to provide for a penalty for false statements; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subsection (a) of Code Section 20-3-3 73, relating to the general loan fund for education loans financed by state funds, as follows:
'(a) The authority shall maintain a general loan fund to which shall be credited: (1) State funds appropriated for use by the authority for educational loan purposes as specified in this subpart other than service cancelable loans; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this Code section; (3) Outstanding educational loans held by the authority under this subpart as to which the borrower does not have a right to repay and cancel the loan through services rendered; (4) Principal collected on all educational loans held by the authority under this subpart, including the principal portion of payments received from the corporation in discharge of its guaranty liability on such loans; and (5) Such amounts as may be transferred to the fund from the service cancelable loan fund or the administration fund of the authority.
The authority is authorized to use moneys available in the fund to make guaranteed educational loans to eligible students and parents in accordance with its rules and regulations and Part 2 ofthis article. The authority is further authorized, under such limited circumstances as it may prescribe, to use moneys available in the fund to purchase guaranteed educational loans made by other lenders under Part 2 of this article and to sell guaranteed educational loans made or owned by the authority to eligible lenders.'

SECTION 2. Said chapter is further amended by inserting a new subpart in Part 3 of Article 7 to read as follows:
'Subpart4A
20-3-395. As used in this subpart, the term:
(I) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Eligible high school' has the same meaning as provided in Code Section 20-3-519. (3) 'Eligible postsecondary institution' means:
(A) A unit of the University System of Georgia that offers associate or baccalaureate degrees; (B) A unit of the Department of Adult and Technical Education that offers associate or baccalaureate degrees; or

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(C) An institution of higher education located in this state that offers associate or baccalaureate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (4) 'Expected family contribution' means expected family contribution calculated in accordance with Title IV. (5) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. If an outstanding loan made under this subpart is subject to the reasonable interest rate, the reasonable interest rate for the current fiscal year shall apply to such a loan during that fiscal year without regard to the interest rate at the time of the loans origination or the interest rate at the time of the student's default. (6) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended, 20 U.S.C.A. Section 1070, et seq.

20-3-395.1. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-395.4 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The interest rate for loans provided in accordance with this subpart shall be 1 percent annually except as provided by Code Section 20-3-395.3 in the case of default. (c) The repayment period for loans provided in accordance with this subpart shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-395.3, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. (d) The maximum amount of a loan under this subpart shall be the lesser of: $10,000.00 per calendar year; or the cost of attendance of a student minus the expected family assistance and the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV. Except as otherwise provided in this subsection, each applicant for a loan shall be required to apply for other educational assistance, including scholarships, grants, and state funded or Title IV loans, and to provide information regarding such other applications and the result of such applications as a condition of applying for a loan under this subpart. Loans under this subpart are designed as funding of the last resort for students who have diligently sought scholarships, grants, and state funded or Title IV loans. Applicants are not required to apply for loans under Subpart 48 or Subpart 4C of this part as a condition of eligibility for loans under this subpart.

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(e) Eligibility for a loan under this subpart shall be determined annually. A student who has graduated from an eligible high school shall be eligible for a loan for the first year of attendance at an eligible postsecondary institution if the student graduated from an eligible high school before May I, 2007, with a cumulative grade average of at least a 75 numeric average in his or her core curriculum subjects or if a student graduated from an eligible high school on or after May I, 2007, with a cumulative grade point average in the student's core curriculum subjects of at least 2.5 on a 4.0 scale. A student's cumulative grade average or grade point average shall be calculated by the methods set out in Code Section 20-2-157. A student who has earned a cumulative grade point average of at least 2.0 at an eligible postsecondary institution shall be eligible for a loan for a second or a subsequent year of attendance at an eligible postsecondary institution. (f) A student's maximum total eligibility for loans under this subpart shall be limited to $40,000.00.

20-3-395.2. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited:
(I) State funds appropriated for use for loans under this subpart; (2) Moneys received by gift, donation, or otherwise for loans under this subpart; (3) Outstanding educational loans held by the authority under this subpart; and (4) Principal and interest collected on educational loans held by the authority under this subpart. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount ofmoneys available for loans under this subpart and shall determine the applicants who are eligible to receive such loans. The authority shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of loans made under this subpart. Such fee shall be established by the authority by rule or regulation.

20-3-395.3. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for loans made under this subpart. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases offinancial hardship. Students shall not be required to begin the repayment ofthe principal of such loans until the earliest occurrence of one of the following:
(I) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution;

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(3) One calendar year after the student's eligibility for a loan under this subpart ends in accordance with subsection (f) of Code Section 20-3-395.1; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more loans under this subpart, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-395.

20-3-395.4. A student is ineligible for any loan described in this subpart if the student:
(1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligtbie to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student.'

SECTION 3. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows:
'Subpart 48
20-3-400. This subpart shall be known and may be cited as the 'Graduate On Time Student Loan Act.'

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20-3-400.1. As used in this subpart, the term:
(1) 'Beginning date of a postsecondary course of study' means the first day of postsecondary classes attended by a student for credit toward an associate degree or baccalaureate degree. In the case of a program that includes undergraduate studies and is designed for completion within five years, the first day of such classes for credit in such a program is the beginning date of a postsecondary course of study, whether the program leads to a baccalaureate degree or a first professional degree. Advanced placement classes or classes attended under a program of joint or dual enrollment in a high school and a postsecondary institution do not establish the beginning date of a postsecondary course of study. (2) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means:
(A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or first professional degree programs; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or first professional degree programs; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pel! Grant program. (5) 'First professional degree' means a degree that qualifies a graduate to practice a profession and was earned through a first professional degree program. (6) 'First professional degree program' means a professional 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 first professional degree. (7) 'Graduate On Time Student Loan' or 'GOT Student Loan' means a student loan provided in accordance with the provisions of this subpart. (8) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July I for the fiscal year beginning July 1 of each year. Except for GOT Student Loans that have been reduced to an interest rate of 1 percent in accordance with subsection (e) of Code Section 20-3-400.2 or an interest rate of2 percent in accordance with subsection (f) ofCode Section 20-3-400.2, the reasonable interest rate for the fiscal year shall apply to all outstanding GOT Student Loans during that fiscal

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year without regard for the interest rate at the time of a loan's origination or at the time of the student's default. (9) 'Title IV' means Title IV of the federal Higher Education Act of 1965,20 U.S.C. Section 1070, et seq.

20-3-400.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-400.6 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for a GOT Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-400.5, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount ofa GOT Student Loan shall be the lesser of $10,000.00 per calendar year or the cost of attendance for a calendar year minus the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. (c) A student may apply for a GOT Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for a GOT Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for a GOT Student Loan for the second and subsequent years of attendance. (d) Except as otherwise provided by subsection (e) or (f) of this Code section, the interest rate for a GOT Student Loan shall be a reasonable interest rate as defined by paragraph (8) of Code Section 20-3-400.1 and as established by the authority by rule or regulation. (e) The annual interest rate for any GOT Student Loan shall be converted to 1 percent retroactive to the origination date of the GOT Student Loan for each student who:
(I) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within four years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within five years from the beginning date of a course of postsecondary study if the course of postsecondary study:
(A) Was designed to be completed in five years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree.

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(f) The annual interest rate for any GOT Student Loan shall be converted to 2 percent retroactive to the origination date of the GOT Student Loan for each student who:
(1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within five years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within six years from the beginning date of a course of postsecondary study if the course of postsecondary study:
(A) Was designed to be completed in six years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (g) A student's maximum total eligibility for loans under this subpart shall be limited to $40,000.00.

20-3-400.3. (a) When the annual interest rate is converted to I percent in accordance with subsection (e) ofCode Section 20-3-400.2, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (b) The steps of the recalculation required by subsection (a) of this Code section shall include the following:
(l) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of I percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (I) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. (c) When the annual interest rate is converted to 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the Student Finance Authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate.

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(d) The steps of the recalculation required by subsection (c) of this Code section shall include the following:
( 1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount ofinterest due on the loan from its origination to date at the rate of 2 percent; (6) Subtract the amount of interest due at 2 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph ( 1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan.

20-3-400.4. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited:
(I) State funds appropriated for use for GOT Student Loans; (2) Moneys received by gift, donation, or otherwise for GOT Student Loans; (3) Outstanding GOT Student Loans held by the authority; and (4) Principal and interest collected on GOT Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount ofmoneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of GOT Student Loans. Such fees shall be established by the authority by rule or regulation.

20-3-400.5. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for GOT Student Loans. Students shall be required to pay accrued interest annually while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following:

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(1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the student's eligibility for a loan under this subpart ends in accordance with subsection (g) of Code Section 20-3-400.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more GOT loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-400.1.

20-3-400.6. A student is ineligible for any loan described in this subpart if the student:
(1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student."

SECTION 4. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows:

"Subpart 4C

20-3-405. This subpart shall be known and may be cited as the 'Education for Public Service Student Loan Act.'

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20-3-405.1. As used in this subpart, the term:
(1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Education for Public Service Student Loan' or 'EPS Student Loan' means a student loan provided in accordance with the provisions of this subpart. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means:
(A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or graduate degrees; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'Employee' means an individual who receives an Internal Revenue Service Form W-2 from the employer and who is an employee as defined in Code Section 34-9-1 for purposes of workers' compensation. (6) 'First degree' means the first baccalaureate degree or the first graduate degree completed by a student with the assistance of an EPS Student Loan. (7) 'Graduate degree' means a degree earned after a student has earned a baccalaureate degree, including, but not limited to, a master's degree, a juris doctor degree, or a medical doctor degree. (8) 'Public service' means service as an employee of any of the following: the State of Georgia; an agency or instrumentality of this state; the executive, legislative, or judicial branch of government of this state; a political subdivision of this state; the University System ofGeorgia or any unit ofthe university system; an authority or public corporation of this state; a local board of education of this state; or an agency or instrumentality of a political subdivision of this state. (9) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. The reasonable interest rate for the fiscal year shall apply to all outstanding EPS Student Loans during that fiscal year without regard for the interest rate at the time of a loan's origination or at the time of the student's default, except for EPS Student Loans that: (A) Have been converted to I percent interest loans in accordance with subsection (a) of Code Section 20-3-405.3; and (B) Have been converted to interest-free loans in accordance with subsection (b) of Code Section 20-3-405.3.

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(1 0) 'Second degree' means the second degree completed by a student with the assistance of an EPS Student Loan. (11) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. (12) 'Undergraduate degree' means a baccalaureate degree.

20-3-405.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-405.7 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for an EPS Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-405.6, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of an EPS Student Loan shall be the lesser of$1 0,000.00 or the cost of attendance for a calendar year minus the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. The maximum amount of EPS Student Loans for a degree shall be $10,000.00 times the number ofacademic years required for a full-time student to earn the degree. (c) A student may apply for an EPS Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for an EPS Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for an EPS Student Loan for the second and subsequent years of attendance. A student who is otherwise eligible for an EPS Student Loan is eligible for such a loan for expenses as a student seeking an associate degree, baccalaureate degree, and a graduate degree. (d) Except as otherwise provided by subsections (a) and (b) of Code Section 20-3-405.3, the interest rate for an EPS Student Loan shall be a reasonable interest rate as defined by paragraph (9) of Code Section 20-3-405.1 and as established by the authority by rule or regulation. (e) The promissory note signed for each EPS Student Loan shall include a statement of the requirements a student must meet for conversion of the loan to a 1 percent loan and for conversion of the loan to an interest-free loan.

20-3-405.3. (a) Subject to the provisions of Code Section 20-3-405.4, the annual interest rate for any EPS Student Loan shall be converted to 1 percent retroactive to the origination date of the EPS Student Loan for each student who:

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(I) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph:
(A) If a student has earned one degree with the assistance of one or more EPS Student Loans, the annual interest rate for each such EPS Student Loan shall be converted to I percent after the completion of five years of public service; or (B) In the case of a student who has earned two degrees with the assistance of two or more EPS Student Loans, the interest rate for any EPS Student Loan used for the first degree shall be converted to I percent after the student has completed five years of public service. The interest rate for any EPS Student Loan used for the second degree may be converted to 1 percent after the student has completed ten years of public service, or the student may elect to apply the sixth through tenth years of public service to convert the EPS Student Loans used for the first degree to interest-free loans under subsection (b) of this Code section. In the case ofa student whose public service preceded the student's earning ofthe degree, the conversion of the EPS loans to 1 percent shall be on the date the student earns the degree. (b) Subject to the provisions ofCode Section 20-3-405.4, an EPS Student Loan for the first degree may be converted to an interest-free loan retroactive to the origination date of the EPS Student Loan for each student who: (I) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph, and for conversion of one or more EPS Student Loans, completes five years of public service in addition to: (A) The service required by subparagraph (A) ofparagraph (2) of subsection (a) ofthis Code section, for a total of ten years of public service, if the student earned one degree with the assistance of EPS Student Loans, or the student may elect to apply the fifth through tenth years of public service to conversion ofEPS loans for a second degree to I percent loans; or (B) The service required by subparagraph (B) of paragraph (2) of subsection (a) ofthis Code section, for a total of 15 years of public service, to convert the loan or loans for the second degree if the student earned two degrees with the assistance ofEPS Student Loans. In the case ofa student whose public service preceded the student's earning ofthe degree, the conversion of the EPS loans to interest-free loans shall be on the date the student earns the degree. (c) When the annual interest rate is converted to 1 percent in accordance with subsection (a) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate.

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(d) The steps of the recalculation required by subsections (a) and (c) of this Code section shall include the following:
(1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (7) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. (e) When an EPS Student Loan is converted to an interest-free loan in accordance with subsection (b) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. This recalculation shall be based upon the loan as it exists when it is converted to an interest-free loan. (f) The steps of the recalculation required by subsections (b) and (e) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Add the amount of interest calculated in paragraph (I) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (6) Subtract the new principal paid calculated in paragraph (5) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (5) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero.

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20-3-405.4. When a student meets the requirements for conversion of one or more EPS loans to a 1 percent rate or to an interest-free loan or loans, the student may elect to waive the conversion of the EPS loan or loans for that degree and apply all or part of the student's years of completed public service to one or more EPS loans for a subsequent degree, without regard to whether such EPS loan or loans for a subsequent degree exist at the time of the student's election. In any event, each year of completed public service may be applied only to a single degree and the student is not authorized to change an election after notifying the authority in writing of his or her election.

20-3-405.5. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited:
(1) State funds appropriated for use for EPS Student Loans; (2) Moneys received by gift, donation, or otherwise for EPS Student Loans; (3) Outstanding EPS Student Loans held by the authority; and (4) Principal and interest collected on EPS Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount ofmoneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of EPS Student Loans. Such fees shall be established by the authority by rule or regulation.

20-3-405.6. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for EPS Student Loans. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following:
( 1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) A calendar year has passed since the student borrowed the maximum amount of EPS loans for the degree the student is seeking under subsection (b) of Code Section 20-3-405.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters.

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(b) If the student defaults on the repayment of one or more EPS loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-405.1.

20-3-405.7. A student is ineligible for any loan described in this subpart if the student:
(1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student."

SECTION 5. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows:

'Subpart 4D

20-3-409. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2008, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the funds established for student loans by Code Sections 20-3-395.2, 20-3-400.4, and 20-3-405.5 by either donating all or any part of any tax refund due and by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return shall include a description ofthe purposes for which these funds were established and the intended use of moneys received from the contributions, and shall

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explain that any donation will be evenly divided between the three funds. Each taxpayer required to file a state income tax return who desires to contribute to these funds may designate such contribution as provided on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed, and shall transmit such amount to the authority for even division among and deposit in the funds established by Code Sections 20-3-395.2, 20-3-400.4, and 20-3-405.5.'

SECTION 6. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows:

'Subpart 6A

20-3-440. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession and that North Georgia College and State University, Georgia's only state supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in North Georgia College and State University and its military training program and to encourage such students to accept military commissions by providing for tuition grant assistance to such students.

20-3-441. For purposes of this subpart, the term 'eligible student' shall mean a person who:
(1) Is enrolled in or accepted for enrollment in North Georgia College and State University for a minimum of 12 academic hours; (2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein; (3) Is enrolled in or plans to enroll in the Army Reserve Officers' Training Corps program at North Georgia College and State University; and (4) Has signed a contract to accept a commission, to be effective upon graduation, no later than the end of the student's junior year as an officer in any branch of the armed services of the United States or the Army National Guard.

20-3-442. There is granted to each eligible student attending North Georgia College and State University the sum of $1,500.00 per academic semester.

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20-3-443. Each eligible student wishing to receive the grant provided for in this subpart shall submit to North Georgia College and State University an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of North Georgia College and State University a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to North Georgia College and State University on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a full-time student for the school term for which the grant is paid, North Georgia College and State University shall make a refund to the authority in accordance with regulations of the authority.

20-3-444. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis.

20-3-445. North Georgia College and State University shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority.

20-3-446. Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor.'

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

Approved May 13, 2008.

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AGRICULTURE- CONSERVATION- REVENUE- STATE GOVERNMENT- NEW RESERVOIRS; WATER PLANNING; SALES TAX EXEMPTIONS FOR ENERGY AND WATER EFFICIENT PRODUCTS; WATER SUPPLY DIVISION; RESERVOIR FUND.

No. 578 (Senate Bill No. 342).

AN ACT

To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to extensively revise certain provisions relating to water supply; to confer certain powers and duties upon a Water Supply Division of the Georgia Environmental Facilities Authority; to change certain provisions relating to rules and regulations relative to water conservation plans; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use ofground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption from sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; to provide for an exemption with respect to certain sales of certain types of water efficient products for a limited period of time; to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division ofEnergy Resources, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to review of contracts and agreements by the Environmental Protection Division or the Georgia Land Conservation Council; to change certain provisions relating to limitations on issue of bonds; to provide for a Water

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Supply Division of the authority and its powers and duties; to provide for a Georgia Reservoir Fund; 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:

PART I SECTION 1-1.

This part shall be known and may be cited as the "Water Conservation and Drought Relief Act."

SECTION 1-2. Code Section 2-6-27 ofthe Official Code ofGeorgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, is amended by revising paragraph (9) to read as follows:
'(9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to:
(A) Fund up to 20 percent of the cost of obtaining permits for and constructing improvements to any dam that was originally constructed or financially assisted by the Natural Resources Conservation Service, formerly known as the Soil Conservation Service, of the United States Department of Agriculture; (B) Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new public water supply reservoir. In awarding any grants under this subparagraph, the commission shall consider regional effects and water supply yield of the proposed reservoir, anticipated population growth, and local government funding commitment; or (C) Carry out other purposes of this article.'

SECTION 1-3. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-32, relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations, as follows:
'12-5-32. The division shall be the water pollution control and surface-water resource management agency of the state for all purposes of any federal water pollution control act or any other federal act within the purview of this article and may:

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(1) Take all necessary or appropriate action to obtain for the state the benefits of any federal act within the purview of this article; (2) Apply for, receive, and use federal funds made available under any federal act within the purview of this article; (3) Approve projects for which loans or grants under any federal act are made to any municipality, county, or agency of state government or to any private person or entity; (4) Participate through its authorized representatives in proceedings under any federal act within the purview of this article and recommend measures for the reduction of water pollution originating within the state or proper management of the state's surface-water resources; and (5) Receive and expend on behalf of the state all funds which are now or which may hereafter become available or allotted to the State of Georgia by virtue of any appropriation or act of Congress or regulation ofthe federal government, its agencies and instrumentalities, or by virtue of any appropriation by the General Assembly, for water quality control, management, and allocation of the state's surface-water resources within the purview of this article, or for any other purpose defined in this article to be administered by the division as provided in this article. The division is authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching federal grants as may be necessary to secure such grants and derive full advantage to the state of benefits contemplated under the terms of such grants, and to comply with the terms of such grants. This Code section shall not prohibit the State Soil and Water Conservation Commission from exercising its powers under paragraph (9) of Code Section 2-6-27:

SECTION 1-4. Said chapter is further amended by adding a new Code section to read as follows:
"12-5-483. (a) Upon request of any local government entity that desires to construct a new public water supply reservoir for which permits and certifications under Code Section 12-5-31 and Sections 401 and 404 of the federal Clean Water Act, 33 U.S.C. Sections 1341 and 1344, are required, the division shall make available in a single collection copies of all forms necessary for the purposes of making applications for such permits. (b) The period for granting or denying a permit application provided by subparagraph (c)(l)(A) of Code Section 12-2-2 shall likewise apply to decisions to issue certifications for purposes of Section 401 ofthe federal Clean Water Act, 33 U.S.C. Section 1341, justifications of need, and minimum instream flow certifications for construction of a new public water supply reservoir by a local government entity; and such shall be issued simultaneously to a local government entity that is a qualified applicant. (c) The division shall issue an affirmative variance from the requirements of Chapter 7 of this title, consistent with the exemption granted by paragraph (11) ofCode Section 12-7-17,

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to a permittee within seven days after granting the permit and issuing the certifications and documents specified under subsection (b) of this Code section."

PART II SECTION 2-1.

Chapter 5 of Title 12 of the Official Code ofGeorgia Annotated, relating to water resources, is amended by revising Article 6, relating to water supply, as follows:

'ARTICLE 6

12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act of 2008.'

12-5-470.1. (a) The exercise of any powers conferred by this article shall be subject to applicable law governing eminent domain and the allocation and distribution of the waters of the state. (b) Nothing in this article shall alter or abrogate any provisions of this chapter or any rules, regulations, or state-wide or regional water plans pursuant thereto regarding interbasin or intrabasin transfer of waters. (c) Projects provided for by this article shall comply with Article 8 of this chapter and any rules, regulations, or state-wide or regional water plans pursuant thereto. (d) Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the department for existing statutory reviews and approvals.

12-5-4 71. As used in this article, the term:
(I) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3. (1.1) 'County' means any county created under the Constitution or laws of this state. (1.2) 'Director' means the director of the division. (1.3) 'Division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. (2) 'Environmental services' means the provision, collectively or individually, of water facilities or management services. (3) 'Lease' includes a lease or sublease and may, in the discretion of the division, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy.

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(4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section. (5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (6) 'Management services' means technical, administrative, instructional, or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. (7) 'May' means permission and not command. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (I 0) 'Project' means and includes the acquisition ofreal property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real or personal property surrounding water reservoirs or any interest in such property; the acquisition of real or personal property or any interest therein for mitigation of any alteration of environmental resources by the construction of a water reservoir or water supply system; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed to be necessary or convenient for the efficient operation of such type of undertaking, including, but not limited to, the development or expansion of water facilities or systems so as to facilitate transitioning households and businesses served by private wells, septic tanks, and other nonretuming water systems to public water or sewerage systems, thereby promoting water conservation, all for the essential public purpose ofproviding water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities.

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(11) 'Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned 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. (12) 'Waters of the state' has the meaning provided by Code Section 12-5-22.

12-5-472. (a) The division may acquire, design, construct, equip, operate, maintain, expand, and improve a project, in whole or in part, directly or under contract with others, including each of the facilities described in paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the division is authorized to acquire land for such purposes; provided, however, that the division shall not engage in competition for customers for its environmental services with any local government offering or providing similar services.
(b)(l) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the division or which is funded in whole or in part by the division shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection. (2) No such project shall include an electrical generation facility unless such facility does not cause the consumption of water from such reservoir for the generation of such power. (3) The local government or the division shall acquire sufficient land surrounding any reservoir funded in whole or in part by the division or acquired or constructed by the division to protect such reservoir, to provide for future expansion of such reservoir, and to provide passive recreational opportunities on and around such reservoir. No development shall be permitted on any such reservoir or its surrounding lands so acquired other than public development appropriate for such passive uses. The acquisition of such lands shall be a cost of project for purposes of this article, and the division, the authority, and the local government may utilize any funds available to them for such purposes. (4) Any such surrounding lands transferred to the state shall be part of the state park system under the control of the department pursuant to Code Section 12-3-31, and the

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management of passive recreational uses of any such surrounding lands controlled by the state shall be vested in the Parks, Recreation and Historic Sites Division; except that, where it is not feasible to manage such land as a state park, then such surrounding lands transferred to the state may be managed as wildlife management areas by the Wildlife Resources Division of the department. Any such surrounding lands acquired by a local government shall be a local government park. (5) All uses of any reservoirs funded by the division in whole or in part or acquired or constructed by the division and any surrounding lands acquired by the division or local government or transferred to the state shall be subordinate to the use of such reservoirs for water supply purposes. (6) No motorized vessels other than those being operated by electric motors shall be allowed on any reservoirs funded by the division in whole or in part or acquired or constructed by the division. As used in this paragraph, the term 'vessel' has the meaning provided by Code Section 52-7-3. (c) The division, in cooperation with the department, shall take all reasonable steps at the earliest practicable date to inventory and survey feasible sites for water reservoirs within the State of Georgia. The director shall present a progress report of such inventory and survey to the legislative oversight committee created by Code Section 12-5-484 not later than October I, 2008, together with a report describing measures undertaken by the division and the authority to expedite the accomplishment of the purposes of this article. The director shall thereafter report quarterly to such committee on the activities of the division and progress toward the accomplishment of such purposes in such format as may be directed by the cochairpersons of such committee. It is the intent of the General Assembly that the division take all reasonable and practicable steps to expedite the accomplishment of such purposes and that the division utilize its reporting responsibilities to apprise the committee promptly of legal, statutory, or other barriers to expedited accomplishment of such purposes, together with recommended measures to mitigate or avoid such barriers. (d) The division may take all reasonable and practicable steps, in consultation with the Environmental Protection Division of the department, the Department of Transportation, and other appropriate state agencies, to create a wetlands mitigation bank or banks and a stream mitigation bank or banks for the purpose of facilitating the construction of projects. Costs and expenses of such bank or banks shall constitute costs of projects and shall be allocated to projects when appropriate. (e) Costs of projects and other expenses incurred by the division for purposes ofthis article may be paid from funds made available to the division for such purposes and may be financed or paid by the authority as provided by Article I of Chapter 23 of Title 50.

12-5-472.1. (a) The division shall be authorized to assume by intergovernmental contract the responsibility for procuring all permits, licenses, and permissions from the United States

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of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality ofthis state as necessary or required for the purpose ofconstructing any projects within this state on behalfoflocal governments seeking to construct such projects. Such contract may provide for the reimbursement of the division for costs and expenses associated with the procurement of such permits, licenses, and permissions, but such reimbursement shall not be a prerequisite to the assumption by the division of such procurement responsibility, and the division is specifically authorized to delay, mitigate, or waive reimbursement when, in the judgment ofthe director and the authority, the welfare and best interests of the people of this state are served thereby. The terms of such contract shall provide for the assumption by such local government of such permits, licenses, and permissions at such time as appropriate for the construction of such projects. (b) In discharging its duties and responsibilities pursuant to the terms of this article, and specifically in identifying appropriate sites for projects and procuring permits, licenses, and permissions for projects, whether owned by the division or otherwise, the division shall utilize to the maximum extent practicable the procurement of services from the department and private sector persons and entities qualified to perform such work. It is the intent of General Assembly that the division minimize the hiring of officers and employees for the purposes of this article. (c) The division shall be designated as the principal state agency to cooperate with the Environmental Protection Division of the department, the United States Army Corps of Engineers, and all other federal agencies or instrumentalities in the planning and execution of projects in this state.

12-5-473. The division shall have the following powers:
(1) To acquire real and personal property of every kind and character by purchase, gift, lease, or otherwise and to own, hold, improve, use, sell, convey, exchange, transfer, lease, sublease, and dispose of the same, or any interest therein, for its services, purposes, duties, responsibilities, or functions pursuant to this article; and any local government may grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the division. Site selection for a project shall be made after consideration of input from local governments to be served by the project; (2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article; (3) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality ofthis state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitations and laws of this state and are otherwise within the power of the division;

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(4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the division to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state may enter into contracts, leases, agreements, or other instruments with the division upon such terms and to transfer real and personal property to the state for the use of the division for such consideration and for such purposes as they deem advisable; (5) To collect fees and charges in connection with its commitments, management services, and servicing, including, but not limited to, reimbursements of costs of financing, as the division shall determine to be reasonable; (6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local governments may enter into contracts with the division for such services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the division is managing under contract with the state; (8) To contract with state agencies or any local government for the use by the division of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the division, and such state agencies and local governments may enter into such contracts; (9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the division may use its own funds pursuant to this article; (I 0) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies ofthe federal government and this state and local governments; with other states and their political subdivisions; and with joint agencies thereof, and such state agencies, local governments, and joint agencies may cooperate and act in conjunction, and to enter into contracts or agreements with the division and local governments to achieve or further the policies of the state declared in this article; and (11) To do all things necessary or convenient to carry out the powers conferred by this article and to enter into such agreements with the department as are necessary and useful for such purpose. The department is expressly authorized to enter into agreements with the division for such purposes.

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12-5-474. (a) The division may fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the division for the use of a project or part thereofor combination thereof, and for the goods and services provided by the division in conjunction with such use, as the division may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the division, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the division on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration ofinput from local governments served by the project to which the fees pertain. (b) All those funds generated by the operation of the projects and paid to the division shall be deposited in the Georgia Reservoir Fund established by Code Section 50-23-28. (c) The division may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the division may determine necessary or appropriate, subject to the limitations provided for by this article.

12-5-475. (a) It shall be the duty of the authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for:
(I) The division to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of such county or municipality; (2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (I) of this subsection before the division makes a final determination of the project site; and (3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (I) ofthis subsection before the division makes a final determination of the project site. (b) It shall be the duty of the authority to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain.

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12-5-476. (a) The division may contract with any local government to exercise on behalf of such local government such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any project of the local government, all as the parties to the contract may determine appropriate. Any such local government shall be authorized by such contract to delegate to the division all or such goods or services of the division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project as the parties may by contract determine appropriate. (b) Except as otherwise provided in this article, any such contract shall provide that the local government shall reimburse the division for all of the costs, liabilities, and expenses of the division incurred by the division in exercising such powers or providing such goods or services; and the division shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project. (c) If, in order to accomplish the objectives of this article, it is advisable, in the judgment of the director and the authority, to construct a project that is larger than one which a local government proposes to construct, the division may participate by agreement with such local government in planning, designing, constructing, operating, and maintaining such project and, in so participating, shall finance those costs ofthe project allocated to the state and such other and further costs as may be agreed upon between the parties, such that the project shall accomplish the maximum water development objectives at a minimum total expenditure. (d) The division shall coordinate with the Environmental Protection Division of the department and local governments for the purpose of producing appropriate and necessary needs analyses for projects. In the event that the director, with the approval of the authority, determines that construction of a project is in the best interests of the people of this state but any affected county or municipality is willing but unable to engage in an appropriate needs analysis, the division may conduct such analysis for and on behalf of such county or municipality, and such analysis shall be the needs analysis of such county or municipality with respect to such project for all purposes. Such needs analysis shall be consistent with water demand projections provided by an applicable regional water development and conservation plan developed pursuant to Article 8 of this chapter, if available.

12-5-476.1. (a) The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the

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division or the department to expedite or enhance the state regulatory process and to provide services voluntarily requested under the agreement with respect to projects. Pursuant to such an agreement, the division or the department may hire additional temporary staff members, contract for services, or provide additional services that are within the powers of the division and the department to provide. Such service costs shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. As part of an agreement entered into under this subsection, the division and the department may waive all or part of a fee imposed for a service. The division and the department shall not require that a local government pay more for a service under an agreement entered into under this subsection than the cost to the division or the department in providing such service to such local government. (b) The division and the department may enter into agreements with agencies or instrumentalities of the federal government, setting fees to be paid by the division or the department for the purpose of enabling the division or the department to expedite or enhance the federal regulatory process and to provide services requested under the agreement with respect to projects. Pursuant to such agreement, the division and the department may fund the cost of hiring additional temporary staff members, contracts for services, or the provision of additional services for the purposes of this article. Such fees shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50.

12-5-477. The provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.

12-5-478. This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes hereof.

12-5-479. (a) In the exercise of its powers under this article, the division may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. (b) Pursuant to any such contract, in connection with any facility authorized under this article, the division may undertake such facility or provide such services or facilities of the division, in whole or in part, to or for the benefit of the public entity contracting with the

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division with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution, and any such contracting public entity may undertake to pay the division for such activities, services, or facilities such amounts and upon such terms as the parties may determine. (c) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority may contract with the division in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance ofsuch activity or provision ofsuch services or facilities through the division. (d) In connection with its operations, the division may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the division is authorized to provide. (e) Reserved. (f) A local government by resolution of its governing body may enter into a user agreement for the provision ofenvironmental services utilizing facilities owned by the state upon such terms and conditions as the division shall determine to be reasonable, including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids. (h) Any user agreement directly between the state or division and a local government may contain provisions requiring the local government:
(!) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs ofoperation, maintenance, renewal, and repairs ofthe water facility; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves; (2) To create and maintain reasonable reserves or other special funds; (3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or (4) To perform such other acts and take such other action as may be deemed necessary and desirable by the division to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies ofthe division in the event of a default by such local government in such payment.

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12-5-480. The division shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Code Section 50-22-9 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article until such time as the director, with the approval of the authority and consistent with any state-wide water plan provided pursuant to Article 8 ofthis chapter, certifies that this state and its local governments have constructed or otherwise acquired sufficient reservoir capacity to meet current and reasonably projected future needs, taking into account projected population growth and historical and anticipated cycles or incidents of drought, whereupon the whole of Chapter 22 of Title 50 shall be applicable.

12-5-481. It is found, determined, and declared that the carrying out of the purposes of the division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the division will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state.

12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due which involve the credit or guarantee of the state or the authority, it shall be the duty of the director of the Office of Treasury and Fiscal Services or the duty of the authority to withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities or all funds of the authority allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults, unless such amounts have been waived pursuant to this article. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state or the authority is a party, the requirements of federal law imposed on the state or the authority, or judgments of any court binding the state or the authority.

12-5-483. Any waiver by the division or the department of any costs or fees owed by any local government to the division or the department under this article shall constitute a grant in the amount of such waiver to such local government pursuant to Code Section 50-23-6 or Article VII, Section III, Paragraph II of the Constitution.

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12-5-484. There is created as a joint committee of the General Assembly the Georgia Water Supply Act Legislative Oversight Committee, to be composed of the members of the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee. The chairpersons of such committees shall serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the division, as well as periodically review and evaluate the success with which the division is accomplishing its statutory duties and functions as provided in this article. The oversight committee may conduct any independent audit or investigation of the division it deems necessary.'

SECTION 2-2. Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, is amended by revising paragraph (12) of Code Section 50-23-4, relating to definitions, as follows:
'(12) 'Project' means: (A) 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 oftrade, commerce, industry, agriculture, and employment opportunities, including, but not limited to, any project as defined by Code Section 12-5-471; and (B) 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 2-3. Said chapter is further amended by revising paragraphs (30) and (31) of Code Section 50-23-5, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, and by adding after said paragraphs new paragraphs (31.1) and (31.2), as follows:
'(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution

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Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by Jaw, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator ofthe federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established; provided, however, that where appropriate, the authority may deposit funds received from the administrator of the federal Environmental Protection Agency into the Georgia Reservoir Fund established by Code Section 50-23-28. The forms and administration of such funds shall be established by the authority in accordance with federal requirements;' '(31) To contract with the Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection or reservoir program and for the purposes of Article 6 of Chapter 5 of Title 12; (31.1) To fund, or partially fund, the Georgia Reservoir Fund established by Code Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for the purposes of said Code section, and any repayment of such proceeds after their expenditure, may be deposited in such fund; (31.2) For the purpose of supplementing and extending the ability of the authority to expedite and accommodate the construction of projects, to enter into arrangements, consistent with existing bond indenture and other obligations of the authority, whereby the authority agrees to enter into one or more notes with a financial institution or other lender, the proceeds of which shall be payable to the authority and which constitute an obligation ofthe authority, together with a companion note or notes on substantially the same terms payable from the authority to a local government, with such companion notes, and the obligation of repayment thereon, pledged as security for the repayment of such notes, on such terms as may be agreeable to the parties thereto; and'

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SECTION 2-4. Said chapter is further amended by revising Code Section 50-23-9, relating to review of contracts and agreements by Environmental Protection Division or Georgia Land Conservation Council, as follows:
H50-23-9. (a) Except as otherwise provided by Article 6 of Chapter 5 of Title 12, 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 of the 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 of the director of the Environmental Protection Division of the Department of Natural Resources 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 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 2-S. Said chapter is further amended by revising Code Section 50-23-19, relating to limitations on issue of bonds, as follows:
H50-23-19. Nothing contained in this article shall permit the authority to issue bonds or revenue bonds at any time when the sum of:
(I) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds I percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued; provided, however, that unless the director of the Water Supply Division of the authority has issued the certification provided for by Code Section 12-5-480, the authority, with the approval of the Governor and the commission established by Article VII, Section IV, Paragraph VII of the Constitution, may issue bonds for the purposes of Article 6 of Chapter 5 of Title 12 notwithstanding such limitations."

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SECTION 2-6. Said chapter is further amended by designating the existing provisions of Article 1 as Part 1 of said article and adding a new part to read as follows:

'Part 2

50-23-25. As used in this part, the term 'division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26.

50-23-26. There is created within the Georgia Environmental Facilities Authority a Water Supply Division. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division.

50-23-27. The division shall have the authority and responsibility to:
(1) Administer this part; (2) Coordinate with the Department of Natural Resources and with other departments, divisions, agencies, or officials of this state or political subdivisions thereof and appropriate private and professional organizations in matters related to water supply. The division and any other department, educational institution, agency, or official ofthis state or political subdivision thereof which in any way would affect the administration or enforcement of this part or Article 6 of Chapter 5 of Title 12 shall be required to coordinate all such activities with the division to assure orderly and efficient administration and enforcement of this part; (3) Do all things necessary to cooperate with the United States government and qualify for, accept, and disburse any public or private grant intended for the administration ofthis part; (4) Apply for, receive, accept, and administer federal funds and programs made available to this state for the purposes of this part; (5) Contract for services if such services cannot be satisfactorily performed by employees of the division or by any other state agency; (6) Design and implement programs to assist local governing authorities and other entities in implementing water supply projects; and (7) Exercise such powers and perform such duties as assigned or contracted to the division or the authority under Article 6 of Chapter 5 of Title 12.

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50-23-28. (a) There shall be established the Georgia Reservoir Fund, to consist of proceeds of bonds issued under this article for purposes of this part, any moneys paid to the authority under intergovernmental contracts for purposes ofthis part, voluntary contributions to such fund, and any federal moneys deposited in such fund. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys may be expended or loaned, on the entity that may receive grants or loans of such moneys, on the manner in which such moneys may be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the fund so long as any such restriction shall not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this part. All balances in the fund shall be deposited in interest-bearing accounts. (b) The authority shall administer the fund and may use the fund for projects as defined by Code Section 12-5-471, in accordance with this article and Article 6 of Chapter 5 of Title 12. (c) The authority shall prepare, by September 30 of each year, an accounting of the moneys received and expended from the fund for the most recently completed fiscal year. The report shall be made available electronically to the members of the General Assembly and shall be public record. (d) Principal and interest payments on loans made from the fund may be deferred for a maximum of20 years or until construction of the project is completed, whichever is later. (e) The authority may expend moneys from the fund for the costs of planning, engineering, architectural, legal, title, fiscal, or economic investigation, studies, surveys, or designs without the designation of such funds to a specific project or the final regulatory or statutory review and approval of such project if the director determines that a reasonable expectation exists that the expenditure of such funds will further the purposes of this part or Article 6 of Chapter 5 of Title 12.

50-23-29. The authority may promulgate and adopt rules and regulations to carry out the purposes of this part."

PART III SECTION 3-1.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by revising paragraph (82) as follows:
'(82)(A) Purchase of energy efficient products or water efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 2, 2008, and concluding at



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12:00 Midnight on October 5, 2008. (B) As used in this paragraph, the term:
(i) 'Energy efficient product' means any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window 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. (ii) 'Water efficient product' means any product used for the conservation or efficient use of water which has been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agency's Water Sense program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products or water efficient products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph;'

PART IV SECTION 4-1.

Chapter 5 of Title 12 ofthe Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-4, relating to rules and regulations relative to water conservation plans, as follows:
'12-5-4. Reserved.'

SECTION 4-2. Said chapter is further amended by revising subsections (e), (h), and (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use, as follows:
'(e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors:
(I) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments;

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(2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (I 0) The varying circumstances of each case.' '(h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water, the director shall evaluate the condition ofthe water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon water development and conservation plans for the applicant and for the region in accordance with Article 8 of this chapter. Such water development and conservation plans for the applicant and for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state, in accordance with Article 8 of this chapter. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. Regional water plans shall be developed in accordance with Article 8 of this chapter. Such regional plans shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the

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resource, current demand, and estimated future demands on the resource, in accordance with Article 8 of this chapter." '(n) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the director shall be bound by any factors related thereto under Article 8 of this chapter or any state-wide water plan provided pursuant thereto and the following requirements:
(1) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface water and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; and (2) The director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven days before the issuance of these permits. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits."

SECTION 4-3. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-5-96, relating to permits to withdraw, obtaining, or use of ground water, as follows:
'(d) In adopting any regulations pursuant to Code Section 12-5-95 and in considering permit applications, revocations, or modifications under this Code section, the Board of Natural Resources or the division shall consider:
(1) The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses; (2) The nature and size of the aquifer; (3) The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or fitness for other water uses, including public use; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use; (8) Diversion from or reduction of flows in other watercourses or aquifers in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; and (9) Any other relevant factors.

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(e) Regional water development and conservation plans for the state's major aquifers or any portion thereof shall be developed in accordance with Article 8 of this chapter. Such plans shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer, in accordance with Article 8 of this chapter. Such plans shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and each region, and promote the efficient use ofthe water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91, in accordance with Article 8 of this chapter. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division, and the division may issue such permits as appropriate pending completion of a regional plan.

SECTION 4-4. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-5-522, relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans, as follows:
'(d) The proposed comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including the designation ofpersons responsible for developing regional water development and conservation plans, required contents of such plans, and how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with this chapter, the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article, and any applicable regional water development and conservation plan, including, but not limited to, restrictions, if any, on diversion from or reduction of flows in other watercourses. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan.'

PARTY SECTION 5-l.

(a) This part and Parts III and IV of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Parts I and II of this Act shall become effective on July I, 2008.

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(c) Part I of this Act shall apply to all applications pending on or after the effective date thereof.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2008.

DOMESTIC RELATIONS- COURTSCARE OF A GRANDCHILD ACT.
No. 580 (Senate Bill No. 88).
AN ACT
To amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to amend Titles 15 and 19 of the Official Code of Georgia Annotated, relating to courts and domestic relations, respectively, so as to clarify methods of legitimation of a child and to correct cross-references; to provide for other 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. This Act shall be known and may be cited as the "Care of a Grandchild Act."
SECTION 2. The General Assembly finds that:
(1) An increasing number of relatives in Georgia, including grandparents and great-grandparents, are providing care to children who cannot reside with their parents due to the parent's incapacity or inability to perform the regular and expected functions to provide such care and support; (2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.

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SECTION 3. Chapter 9 of Title I9 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new article to read as follows:

'ARTICLE 4

19-9-120. This article shall be known and may be cited as the 'Power of Attorney for the Care of a Minor Child Act.'

19-9-121. As used in this article, the term:
(I) 'Grandchild' means the minor child of a grandparent. (2) 'Grandparent' shall have the same meaning as provided in subsection (a) of Code Section 19-7-3 and shall include the biological great-grandparent or stepgreat-grandparent who is the parent or stepparent of a grandparent of a minor child. (3) 'Parent' shall have the same meaning as provided in Code Section 19-3-37. Such term used in the singular shall mean both parents if both parents share joint legal custody of the child, unless otherwise clearly indicated. (4) 'Reasonable evidence' means evidence that a reasonable person would find sufficient to determine whether one conclusion is more likely than another. (5) 'School' means:
(A) Any county or independent school system as defined in Code Section 20-1-9; (B) Any private school as such term is defined in Code Section 20-2-690; (C) A home study program meeting the requirements set forth in subsection (c) of Code Section 20-2-690; (D) Pre-kindergarten programs; or (E) Early care and education programs as such term is defined in paragraph (6) ofCode Section 20-lA-2. (6) 'School term' means the part of the year in which school is in session. (7) 'Serious illness' means a physical or mental illness as determined by a licensed health care professional, including a psychiatrist or psychologist, that causes the parent to be unable to care for the minor child due to the physical or mental condition or health of the parent, including a condition created by medical treatment. (8) 'Terminal illness' has the same meaning as the term 'terminal condition' as provided in paragraph (14) of Code Section 31-32-2.
19-9-122. (a) A parent of a minor child may delegate to any grandparent residing in this state caregiving authority regarding the minor child when hardship prevents the parent from

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caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor child in a form substantially complying with the provisions of this article. (b) Hardships may include, but are not limited to:
(1) A parent being unable to provide care due to the death of the other parent; (2) A serious illness or terminal illness of a parent; (3) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; (4) The incarceration of a parent; (5) The loss or uninhabitability of the child's home as the result of a natural disaster; or (6) A period of active military duty of a parent exceeding 24 months. (c) Hardship shall not include the granting of a power of attorney for the care of a minor child for the purpose of subverting an investigation of the child's welfare initiated by the Department of Human Resources or other agency responsible for such investigations.

19-9-123. Through the power of attorney for the care of a minor child, the parent may authorize the agent grandparent to perform the following functions:
(I) Enroll the child in school and in extracurricular activities; (2) Enroll the child in any health insurance program offered to the grandparent; (3) Provide access to school records and may disclose the contents to others; (4) Arrange for and consent to medical, dental, and mental health treatment for the child; (5) Provide access to medical, dental, and mental health records and may disclose the contents thereof to others; (6) Provide for the child's food, lodging, housing, recreation, and travel; and (7) Any additional powers as specified by the parent.

19-9-124. (a) An agent grandparent under a power of attorney for the care of a minor child shall act in the best interests of the minor child. Such agent grandparent shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a minor child when such decision is made in good faith and is exercised in the best interests of the minor child.
(b)(1) The agent grandparent shall have the right to enroll the minor child in a public school serving the area where the agent grandparent resides and may enroll the minor child in a private school, pre-kindergarten program, or home study program. (2) The public school shall allow such agent grandparent with a properly executed power of attorney for the care of a minor child to enroll the minor child. (3) At the time of enrollment the grandparent shall provide to the school such residency documentation as is customary in that school district.

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(4) The school may request reasonable evidence of the stated hardship. (5) If a public school denies enrollment of a minor child under this Code section, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child. (6) Except where limited by federal law, the agent grandparent shall have the same rights, duties, and responsibilities that would otherwise be exercised by the parent pursuant to the laws of this state. (7) An agent grandparent shall be obligated to comply with any existing court order relative to the child, including, but not limited to, any visitation order.

19-9-125. No person, school official, or health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance.

19-9-126. Nothing in this article shall preclude a parent or agent grandparent from granting temporary written permission to seek emergency medical treatment or other services for a minor child while in the custody of an adult who is not the parent or agent grandparent and who is temporarily supervising the child at the parent's or agent grandparent's request.

19-9-127. (a) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., a parent executing the power of attorney for the care of a minor child shall certify that such action is not for the primary purpose of enrolling the child in a school for the sole purpose of participating in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation ofthis subsection shall be punishable in accordance with Georgia law and may require, in addition to any other remedies, repayment by such parent or grandparent of all costs incurred by the school as a result of the violation.
(b)( 1) The instrument providing for the power of attorney for the care of a minor child shall be executed by both parents, if both parents are living and have joint legal custody of the minor child, and shall specify which hardship prevents the parent or parents from caring for the child. If the parents do not have joint legal custody, the parent having sole permanent legal custody shall have authority to grant the power of attorney. (2) The power ofattorney for the care of a minor child shall be signed and acknowledged before a notary public by the parent executing the power of attorney. Any noncustodial parent shall be notified in writing of the name and address of the grandparent who has been appointed the agent grandparent under the power of attorney. The executing parent shall send the notification by certified mail or statutory overnight delivery, return receipt

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requested, to the noncustodial parent at the noncustodial parent's last known address within five days of the execution of the power of attorney. A noncustodial parent who has joint legal custody shall have the same authority to execute a revocation of the power of attorney as granted to the custodial parent. (c) If only one parent has sole permanent legal custody of the minor child, then that parent shall have authority to execute the power of attorney for the care of a minor child and to revoke the power of attorney.

19-9-128. (a)(l) The agent grandparent shall have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of a minor child revokes the power of attorney in writing and provides notice of the revocation to the agent grandparent as provided in this Code section. (2) The agent grandparent shall have the authority to act on behalf of the child until a copy of the revocation ofthe power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation the agent grandparent shall cease to act as agent. (3) The parent shall send a copy of the revocation of the power of attorney to the agent grandparent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. (4) The revoking parent shall notify the school, health care providers, and others known to the parent to have relied upon such power of attorney.
(b) The power of attorney for the care of a minor child may also be terminated by any order of a court of competent jurisdiction.
(c)(1) The agent grandparent shall notify the school in which the agent grandparent had enrolled the child whenever a change in circumstances results in a change in residence for such child that is expected to last more than six weeks during a school term and such change in residence is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school. (2) The agent grandparent may resign by notifying the parent in writing by certified mail or statutory overnight delivery, return receipt requested, and, if the agent grandparent is aware that the parent's hardship still exists, such agent grandparent shall also notify child protective services or such government authority that is charged with assuring proper care of such minor child. (3) Upon the death of the authorizing parent, the agent grandparent shall notify the surviving parent as soon as practicable. With consent of the surviving parent or if the whereabouts of the surviving parent are unknown, the power of attorney for the care of a minor child may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (d) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action a parent may take for the benefit of such minor child, and the parent

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shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child.

19-9-129. (a) The statutory power of attorney for the care of a minor child form contained in this Code section may be used to grant an agent grandparent powers over the minor child's enrollment in school, medical, dental, and mental health care, food, lodging, recreation, travel, and any additional powers as specified by the parent. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by the parent of any other or different form of power of attorney for the care of a minor child which complies with this article. A power of attorney for the care of a minor child in substantially the form set forth in this Code section shall have the same meaning and effect as prescribed in this article. Substantially similar forms may include forms from other states. (b) The power of attorney for the care of a minor child shall be in substantially the following form:

'GEORGIA POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD

NOTICE: (I) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT YOU DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD'S FOOD, LODGING, RECREATION,AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE PARENT. (2) THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD'S BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM. (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT GRANDPARENT IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY. (4) THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILD'S MINORITY UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION

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TO THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER. (5) THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH PARENT IS NOT POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE SERVICES OR SUCH GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER CARE OF SUCH MINOR CHILD. (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING PARENT. IF THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL NOTIFY THE AGENT GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE PARENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY. (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD made this __ day of _ _ _ _ _ _, __.

(l)(A) I, _ _ _ _ _ __

(insert name and address of parent or

parents), hereby appoint ______________________

(insert name and address of grandparent to be named as agent) as attorney in fact (the

agent grandparent) for my child ________________ - - - - -

(insert name of child) to act for me and in my name in any way that I could act in

person.

(B) I hereby certify that the agent grandparent named herein is the (place a check mark

beside the appropriate description):

__Biological grandparent;

_ _Step grandparent;

__Biological great-grandparent; or

_ _ Stepgreat-grandparent.

(2) The agent grandparent may:

(A) Enroll the child in school and in extracurricular activities, have access to school

records, and may disclose the contents to others;

(B) Arrange for and consent to medical, dental, and mental health treatment of the

child, have access to such records related to treatment of the child, and disclose the

contents of such records to others;

(C) Provide for the child's food, lodging, recreation, and travel; and

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(D) Carry out any additional powers specified by the parent as follows:

(3) The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations that you deem appropriate):

(4) This power of attorney for the care of a minor child is being executed because ofthe following hardship (initial all that apply):
__ (A) The death, serious illness, or terminal illness of a parent; __ (B) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; __ (C) The loss or uninhabitability of the child's home as the result of a natural disaster; __ (D) The incarceration of a parent; or _ _ (E) A period of active military duty of a parent. (5) (Optional) If a guardian of my minor child is to be appointed, I nominate the following person to serve as such guardian: - - - - - - - - - - - - - - - (insert name and address of person nominated to be guardian of the minor child). (6) I am fully informed as to all of the contents of this form and I understand the full import of this grant of powers to the agent grandparent. (7) I certify that the minor child is not emancipated, and, if the minor child becomes emancipated, this power of attorney shall no longer be valid. (8) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 780 I, et seq., I hereby certify that this power of attorney is not executed for the primary purpose of unlawfully enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. (9) I certify that, to my knowledge, the minor child's welfare is not the subject of an investigation by the Department of Human Resources. (I 0) I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct.
Parent Signature: _____________________________________________________ Printed name:
Parent Signature:-------------------------Printed name:

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Signed and sealed in the presence of:-~----:-:-:------------ Notary public
My commission expires_ _ _ _ _ _ __

(c) The following notice shall be attached to the power of attorney:

'ADDITIONAL INFORMATION: To the grandparent designated as attorney in fact:
(1) If a change in circumstances results in the child not living with you for more than six weeks during a school term and such change is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school, you should notify in writing the school in which you have enrolled the child and to which you have given this power of attorney form. (2) You have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of the minor child revokes the power of attorney in writing and provides notice of revocation to you as provided in O.C.G.A. Section 19-9-128. (3) If you are made aware of the death of the parent who executed the power of attorney, you must notify the surviving parent as soon as practicable. With the consent of the surviving parent, or if the whereabouts of the surviving parent are unknown, the power of attorney may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (4) You may resign as agent by notifying each parent in writing by certified mail or statutory overnight delivery, return receipt requested, and if you become unable to care for the child, you shall cause such resignation to be communicated to the parent. If communication with such parent is not possible, you must notify child protective services or such government authority that is charged with assuring proper care of such minor child.

To school officials: (1) Except as provided in the policies and regulations of the county school board and the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., this power of attorney, properly completed and notarized, authorizes the agent grandparent named herein to enroll the child named herein in school in the district in which the agent grandparent resides. That agent grandparent is authorized to provide consent in all school related matters and to obtain from the school district educational and behavioral information about the child. Furthermore, this power of attorney shall not prohibit the parent of the child from having access to all school records pertinent to the child. (2) The school district may require such residency documentation as is customary in that school district.

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(3) No school official who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance.

To health care providers: (I) No health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. (2) The parent continues to have the right to all medical, dental, and mental health records pertaining to the minor child.'"

SECTION 4. Title 19 the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new Code section to read as follows:
"19-7-21.1. (a) As used in this Code section, the term:
(1) 'Acknowledgment oflegitimation' means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated. (2) 'Legal father' means a male who:
(A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter; (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to this Code section and who has not surrendered or had terminated his rights to the child. (b) Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation. (c) Voluntary acknowledgment of legitimation shall not be recognized if: (1) The mother was married to another man when the child was born;

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(2) The mother was married to another man at any time within the usual period of gestation; (3) There is another legal father; (4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mother's parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate such rights has been initiated and is pending; (5) The mother has signed a voluntary acknowledgment of legitimation with another man; or (6) The child is one year of age or older. (d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation. (e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation. (f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20. (g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded.'

SECTION 5. Said title is further amended by revising Code Section 19-7-25, relating to in whom parental power over child born out of wedlock lies, as follows:
'19-7-25. Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-21.1 or 19-7-22. Otherwise, the mother may exercise all parental power over the child.'

SECTION 6. Said title is further amended in Code Section 19-7-46.1, relating to voluntary acknowledgments of paternity and other evidence of paternity, by revising subsection (b) as follows:
'(b) When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording

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such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. Acknowledgment of paternity shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-21.1 or 19-7-22.'

SECTION 7. Said title is further amended in Code Section 19-8-1, relating to definitions, by revising in their entirety subparagraphs (D) and (E) of paragraph (6) as follows:
'(D) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1'

SECTION 8. Said title is further amended in Code Section 19-8-12, relating to notice of adoption proceedings to the biological father and procedure related thereto, by revising paragraphs (I) and (2) of subsection (e) as follows:
'(1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father.'

SECTION 9. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-2, relating to definitions, by revising in their entirety subparagraphs (D) and (E) of paragraph (1 0.1) as follows:
(D) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1'

SECTION 10. Said title is further amended in Code Section 15-11-96, relating to the summons for a petition to terminate parental rights and the rights of biological fathers, by revising paragraphs (1) and (2) of subsection (h) as follows:
'(I) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section is pending.'

SECTION 11. This Act shall become effective July 1, 2008.

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SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2008.

CRIMES- RETAIL PROPERTY FENCING.
No. 581 (House Bill No. 1346).
AN ACT
To amend Article I of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of retail property fencing; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting Jaws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I of Chapter 8 of Title 16 of the Official Code ofGeorgia Annotated, relating to theft, is amended by adding a new Code section to read as follows:
'16-8-5.2. (a) As used in this Code section, the term:
(1) 'Retail property' means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) 'Retail property fence' means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen. (3) 'Value' means the retail value of the item as stated or advertised by the affected retail establishment, to include applicable taxes. (b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to: (I) Transfer, sell, or distribute such retail property to a retail property fence; or (2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value. (c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to

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distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail property fencing.
(d)( I) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course ofconduct was undertaken for profit from all ofthe attending circumstances. (2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft. (e) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (f) Each violation of this Code section shall constitute a separate offense.'

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

Approved May 13, 2008.

PENAL INSTITUTIONS- SEXUAL OFFENDERS; RESTRICTIONS.
No. 582 (Senate Bill No. 1).
AN ACT
To amend Article 2 of Chapter I of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to change a definition; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for restrictions on photographing a minor under certain circumstances; to provide for definitions; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; 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. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, is amended by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action.

SECTION 2. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows:
'(3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools.'

SECTION 3. Said article is further amended by revising subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, by adding a new paragraph to read as follows:
'(10.1) 'Day-care center' shall have the same meaning as set forth in paragraph (4) of Code Section 20-1A-2.'

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
'42-1-15. (a) As used in this Code section, the term:
(1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (2) 'Minor' means any individual who is under 18 years of age. (3) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) No individual shall reside 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. (c)(1) No individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed or volunteers to the outer boundary of the child care facility, school, or church at their closest points.

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(2) No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where minors congregate at their closest points. (d) No individual shall intentionally photograph a minor without the consent ofthe minor's parent or guardian. (e) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) of Code Section 16-11-36, 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. (f)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (g) of this Code section. (2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual bad established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (g) of this Code section. (g) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (f) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a paY check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his

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or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim.
(h)( I) Any individual who knowingly violates subsection (d) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (2) Any individual who knowingly violates any other any provision of this Code section, except subsection (d) 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. (i) 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 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2008.

PROFESSIONS -CHARITABLE SOLICITATIONS; COMPREHENSIVE REVISION.
No. 583 (House Bill No. 1104).
AN ACT
To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; 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 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, is amended by revising Code Section 43-17-2, relating to definitions relative to charitable contributions, as follows:
"43-17-2. As used in this chapter, the term:
(I) 'Administrator' means the office created in subsection (a) of Code Section 10-1-395. (2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself, herself, or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in paragraph (12) of this Code section. (3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph. (4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose. (5) 'Commercial coventurer' means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion. (6) 'Contribution' means the promise or grant of any money or property of any kind or value. (7) 'Educational institution' means an entity organized and operated exclusively for educational purposes and which either:
(A) Maintains a regular faculty and curriculum and has a regularly enrolled body of students in attendance at the place where its educational activities are regularly carried on; or (B) Is accredited by a nationally recognized, independent higher education accreditation body. (8) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (9) 'Fundraising counsel' means any person, other than a paid solicitor required to register under this chapter, who plans, advises, consults, or prepares material for a

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solicitation of charitable contributions within, into, or from this state and who does not either:
(A) Solicit such contributions or employ, procure, engage, direct, or supervise any compensated person to solicit such contributions; or (B) Have custody or control of contributions. A natural person who is a volunteer, employee, or salaried officer of a charitable organization is not a fundraising counsel with respect to the charitable organization of which he or she is a volunteer, individual, or officer. An attorney, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable organization, paid solicitor, or fundraising counsel or advises a person to make a charitable contribution is not a fundraising counsel as a result of such advice. (10) 'General public' or 'public,' with respect to a charitable organization, means any person in the State of Georgia without a membership in or other bona fide relationship with such charitable organization. (11) 'Membership' or 'member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offices. The term 'membership' or 'member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution. (12) 'Paid solicitor' means a person other than a commercial coventurer who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such person or by any compensated person he or she employs, procures, engages, or contracts with, directly or indirectly, to so solicit. A paid solicitor shall also mean any person who would be a fundraising counsel but for the fact that such person at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor with respect to contributions solicited for that charitable organization. (13) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. (14) 'Religious organization' means an entity which: (A) Conducts regular worship services; or (B) Is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS

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Form 990, Return ofOrganization Exempt From Income Tax, under any circumstances. (15) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (16) 'Solicitor agent' means any person, other than a paid solicitor or commercial coventurer, who or which solicits charitable contributions for compensation. The term 'solicitor agent' shall not include, with respect to a particular charitable organization which is either registered or exempt from registration under this chapter, any person who is a charitable organization itself or a bona fide officer, employee, or volunteer of such charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent. (17) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands:

SECTION 2. Said chapter is further amended by revising Code Section 43-17-3, relating to registration of paid solicitors, financial statements, denial of registration, amendments, contracts, solicitation notices, accounting, deposit of contributions, and records, as follows:
8 43-17-3. (a) No paid solicitor shall solicit contributions for a charitable purpose in or from this state or on behalf of a charitable organization, unless such paid solicitor is a registered paid solicitor pursuant to this Code section. No paid solicitor shall solicit contributions in person unless such paid solicitor has been qualified for such means of solicitation by the Secretary of State. (b) A fundraising counsel who at any time has custody of contributions from a solicitation for a charitable purpose must be registered as a paid solicitor and comply with the provisions of this Code section.
(c)(1) A paid solicitor shall be registered with the Secretary of State prior to engaging in any solicitation. A registration shall expire on December 31 of the year in which the registration became effective and may be renewed for additional one-year periods upon application and the payment of the appropriate fee. (2) An application for registration as a paid solicitor may be made by any person and shall be accompanied by the registration fee set forth in subsection (d) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:

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(A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a limited liability company, the names and business addresses of all members of the limited liability company; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A Jist of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; (H) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and (I) Written consent by each control person of the paid solicitor, as described by rule of the Secretary of State, to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application. (3) If the paid solicitor will have physical possession or legal control over any contributions collected by it in or from this state, the applicant shall attach to the application for registration as a paid solicitor a financial statement for the fiscal year of the applicant which ended within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal

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year. Such financial statement shall be prepared in accordance with generally accepted accounting principles. (4) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements ofthis chapter relating to the same are satisfied and shall register such applicant as a paid solicitor unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct himself or herself in a manner as if registered until and unless such applicant is so notified. (5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant. (6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed; by the payment ofthe proper registration fee; and, ifit would be required in the event of an initial application, by the filing of a financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles. (7) The registration of a paid solicitor shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor registration shall be $100.00. (e)( I) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations ofthe paid solicitor and the charitable organization, and shall state the amount of compensation that the paid solicitor will receive. Such compensation shall be stated as a fixed amount, as an amount to be derived from a formula, or as a percentage of the gross revenue derived from the solicitation campaign, subject to and in accordance with the provisions of paragraphs

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(2), (3), and (4) of this subsection. (2) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount ofrevenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue. (3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. (4) The compensation description required by this subsection shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged. The contract shall clearly describe who shall pay such expenses, how they will be paid, and whether such payment is contingent upon any event or fact, including, but not limited to, the amount of funds raised through the solicitation campaign. If any portion of the expenses are paid separately by the charitable organization apart from the other fees paid to the paid solicitor, the contract shall include a reasonable estimate of such expenses. (f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The Secretary of State may provide that said filing be made, in whole or in part, through electronic means. The solicitation notice shall include a copy of the contract described in subsection (e) ofthis Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out. (g) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in the form of a written report, submitted to the charitable organization and to the Secretary of State, shall be retained by the charitable organization for three years, and shall contain the following information: (I) The total gross receipts; (2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs;

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(3) The signature of the charitable organization acknowledging its agreement with the accuracy of the report, or a statement from the paid solicitor stating the reasons why such signature has not been obtained within the prescribed period, including a summary of any communications from the charitable organization contesting the accuracy of the report; and (4) Such other information as the Secretary of State by rule may require. (h) Each monetary contribution received by the paid solicitor shall, in its entirety and within three business days of its receipt, be deposited in an account at a federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account. (i)(l) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:
(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge; (B) The name and residence address ofeach employee, agent, or other person, however styled, involved in the solicitation; (C) A record of all contributions at any time in the custody of the paid solicitor; (D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment; (E) The location and account number of all accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and (F) Such other records as may be prescribed by the Secretary of State by rule and regulation. (2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (I) of this subsection: (A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and (B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. (3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she reasonably deems necessary for investigative or law enforcement purposes. U) Not later than 90 days following the end of each solicitation campaign, the paid solicitor shall provide to the charitable organization, at no cost, a copy of all records described in subsection (i) of this Code section. In the event any such campaign exceeds

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six months in length, such records shall be provided, in addition, not less than 30 days following the end of each six-month period.'

SECTION 3. Said chapter is further amended by revising Code Section 43-17-3.1, relating to registration as a solicitor agent, as follows:
'43-17-3.1. (a) No solicitor agent shall solicit contributions on behalf of a charitable organization within or from this state, unless such solicitor agent is a registered solicitor agent pursuant to this Code section and is affiliated through employment or as an independent contractor pursuant to a written agreement with a paid solicitor or charitable organization which is either registered or exempt from registration. No solicitor agent shall solicit contributions in person unless such solicitor agent has been qualified for such means of solicitation by the Secretary of State.
(b)(I) A solicitor agent shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee. (2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (c) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant; (B) The address of each place of business of the applicant; (C) The name and address of the paid solicitor or charitable organization with which the solicitor agent will be affiliated by employment or as an independent contractor; (D) If the solicitor agent is to be an independent contractor, a copy of the contract setting forth the terms and conditions thereof; (E) A list of any other states in which the applicant is registered as a paid solicitor agent and, ifany registration of the applicant under the charitable solicitation law of any state has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (F) Whether the applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; (G) Whether the applicant has ever been subject to an order, consent order, or any other

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disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; (H) Whether the applicant seeks to be qualified to contact contributors and potential contributors in person, as distinguished from mail, telephonic, or electronic contact; and (I) With respect to applicants who seek to be qualified to contact contributors or potential contributors in person, written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application. (3) Except as provided in paragraph (7) of this subsection, within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a solicitor agent unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct itself in a manner as if registered until and unless it is so notified. (4) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization or paid solicitor who proposes to employ such applicant. (5) Every registration under this Code section shall expire on December 31 of each year. The registration of a solicitor agent must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed, and by the payment of the proper registration fee. (6) The registration of a solicitor agent shall be promptly amended to reflect a change of name or address or other changes in the information previously provided to the Secretary of State. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (7) With respect to applicants for solicitor agent seeking to be qualified to solicit in person, the applicant shall not be qualified to so solicit until the Secretary of State affirmatively notifies the applicant that he or she has been so qualified. (c) The fee for the initial registration of a solicitor agent shall be $50.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a solicitor agent shaH be $50.00.'

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SECTION 4. Said chapter is further amended by revising subsections (a) through (c) of Code Section 43-17-5, relating to registration of charitable organizations, service of process, financial statement, tax exemption determination, denial and renewal, amendments, and fees, as follows:
'(a) It shall be unlawful for any person: (1) Wherever located to solicit or accept charitable contributions from any person located in this state; (2) While in this state to solicit or accept charitable contributions from any person, wherever located; or (3) Wherever located to solicit or accept charitable contributions from any person, wherever located, on behalf of a charitable organization located in this state,
unless the charitable organization on whose behalf such contributions are being solicited or accepted is subject to an effective registration statement under this chapter or exempt from registration pursuant to Code Section 43-17-9.
(b)( 1) Every charitable organization, except those exempt from registration pursuant to Code Section 43-17-9, which intends to solicit in this state or have contributions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration statement with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement, which the Secretary of State may require to be in whole or in part an electronic filing, shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:
(A) The name under which the charitable organization intends to solicit contributions; (B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors; (C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms ofthe arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor; (D) The general purposes for which the charitable organization is organized; (E) The purposes for which the contributions to be solicited will be used; (F) The period of time during which the solicitation will be made; (G) The method of solicitation; and (H) Such other information as the Secretary of State may require. (3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against such applicant in the manner and form provided in Code Section 43-17-18.

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(4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement ofthe charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. (5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizational instrument within 30 days after adoption. (6) The Secretary of State may waive or extend the time period for the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers or members in the case of a limited liability company as he or she may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter. (7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he or she he shall immediately notify the applicant of such registration.

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(8) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization. (9) Every registration under this Code section shall be valid for a period of 24 months from its date of effectiveness. The registration must be renewed on or before the expiration date by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper fee, and by the filing of financial statements covering the periods since the most recent financial statement previously filed. If the charitable organization has received or collected more than $1 million during either of its two preceding fiscal years, the financial statements for the years with such revenue level shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement ofthe charitable organization and its subsidiaries. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during either of its two preceding fiscal years, the financial statements for the years with such revenue level shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles. If the charitable organization has received or collected any charitable contributions during its preceding two fiscal years, the financial statements shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous two taxable years pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office. (10) The registration of a charitable organization shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.

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(c) The fee for the initial registration of a charitable organization shall be $35.00. The fee for renewal of a charitable organization's registration shall be $20.00.'

SECTION 5. Said chapter is further amended by revising subsection (a) ofCode Section 43-17-7, relating to financial statements and denial, suspension, or revocation of registration and other disciplinary actions, as follows:
'(a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of, or a member of a limited liability company which is, an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact; (2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:
(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of solicitation of contributions for a charitable organization; (C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (D) Involves murder or rape; or (E) Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals;

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(5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State may provide for the reinstatement of the registration or the suspension of a fine or penalty at such time as the deficiency is corrected; or (9) Has failed to comply with a subpoena or order issued by the Secretary of State."

SECTION 6. Said chapter is further amended by revising Code Section 43-17-8, relating to required disclosures, as follows:
'43-17-8. Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section, at the time of any solicitation that occurs in or from this state, shall include the following disclosures:
(1) The name and location of the paid solicitor and solicitor agent, if any; (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be sent upon request:
(A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and (B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid solicitor on behalf of the charitable organization and not by a volunteer and inform the person being solicited that the contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State."

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SECTION 7. Said chapter is further amended by revising subsections (a) and (b) ofCode Section 43-17-9, relating to exemptions, as follows:
'(a) The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8:
( 1) Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that any such institution or organization is qualified under Section 50l(c) of the Internal Revenue Code of 1986, as amended; (2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public; (3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons without any form of compensation and which solicitation is confined to their membership; (4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; provided, however, that any such person who collects contributions in excess of$5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting offunds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every subsequent 90 day period until said solicitation is concluded; (5) Any charitable organization which does not have any agreement with a paid solicitor and whose total revenue from contributions has been less than $25,000.00 for both the immediately preceding and current calendar years; (6) Any local or state-wide organization ofhunters, fishermen, and target shooters which has been recognized as an organization described in Section 50l(c)(3) or Section 50l(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; (7) Any volunteer fire department or rescue service operating in conjunction with a city or county government in this state and which has received less than $25,000.00 in both the immediately preceding and current calendar years; (8) Religious organizations; or (9) Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions. (b) Local community and state-wide organizations affiliated with or acting on behalf of a registered or exempt state-wide or national parent organization by contract or agreement need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary

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of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The single registration of the state-wide or national parent organization shall be considered all inclusive of all ofits chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5."

SECTION 8. Said chapter is further amended by revising subsections (a) through (c) of Code Section 43-17-12, relating to prohibited acts relative to charitable solicitations, as follows:
'(a) It shall be unlawful for any person to violate any provision of this chapter or any rule, regulation, subpoena, or order promulgated or issued by the Secretary of State under this chapter. (b) It shall be unlawful for any person who is registered as, or making application for registration as, a solicitor agent or paid solicitor or charitable organization or is an affiliate of such registrant or applicant knowingly to make or cause to be made to the Secretary of State or anyone acting on his or her behalf any written or oral statement or statements which the person knows to contain any untrue statement of material fact or to omit to state a material fact that is necessary in order to make any statement or statements made, in light of the circumstances under which they were made, not misleading. (c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly:
(1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belonging to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization; (2) To utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person; (3) To misrepresent to or mislead anyone in any manner to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his or her name for these purposes; (4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state; (5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in filings with the Secretary of State pursuant to this chapter; (6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept;

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(7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation; or (8) To fail to provide to a person who has been solicited for a contribution the information described in Code Section 43-17-8.'

SECTION 9. Said chapter is further amended by revising Code Section 43-17-16, relating to hearings, notice, and powers and orders of the Secretary of State, as follows:
'43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he or she shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the Secretary of State or a person designated by the Secretary of State. (b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressees business mailing address or residential address as shown on information filed with the Secretary of State or directed for service to the sheriff of the county where such person resides or is found. Such notice shall state:
(1) The order which has been issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice. (c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the date set for such hearing shall be within 30 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing. (d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request ofthe person requesting the hearing or upon his or her own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records, or papers. The

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subpoenas may be served by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on information filed with the Secretary of State or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff ofthe county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e)( I) At any hearing conducted under this Code section, a party or any affected person may appear in his or her own behalf or may be represented by an attorney. (2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken. (3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing. (f)(l) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State. (2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require. (3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions oflaw, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his or her attorney or other representative of record by registered or certified mail or statutory overnight delivery. That person or his or her attorney, within ten days of service ofthe copy of such written report and recommendations, may file with the Secretary of State written objections to the report and recommendations which shall be considered by the Secretary of State before a final order is entered. (4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recommendations as provided in this subsection. (5) The recommendations of the referee may be approved, modified, or disapproved by the Secretary of State. The Secretary of State may direct his or her referee to take additional testimony or to permit the introduction of further documentary evidence.

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(6) In any hearing conducted by a referee, a transcript of testimony, evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State. (7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State. (g) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall: (I) Set forth his or her findings with respect to the matters involved; and (2) Enter an order in accordance with his or her findings. (h) All orders entered pursuant to Code Sections 43-17-3, 43-17-5,43-17-7, and 43-17-13 shall be entered pursuant to this Code section, except where: (1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the order, in which case the order may be effective immediately pending proceedings, which proceedings shall be promptly instituted and determined; or (2) The order is expressly required by a court order, to be made without the right to a hearing or continuance of any type.'

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

Approved May 13, 2008.

GAME AND FISH- TORTSLICENSES; LIABILITY.
No. 584 (House Bill No. 239).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who allow wildlife to traverse their

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property or of persons hunting game on such property with permission; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, as follows:
'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 term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2008."

SECTION 2. Said title is further amended by revising subparagraphs (a)(l)(A) and (b)(l)(A) and the language introductory thereto in Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows:
"(a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in subsection (f) of Code Section 27-5-4:
(1) Class Mammalia: (A) Order Marsupialia: Genus Macropus (Kangaroos, wallabies, wallaroos) - All species;"
"(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board:
(I) Class Mammalia: (A) Order Marsupialia- All species other than those listed in subparagraph (a)( 1)(A) of this Code section; except that Petaurus breviceps (sugar glider) may be sold, purchased, exhibited, or held as a pet without a license or permit if the owner thereof possesses valid documentation that the animal originated from a source inspected and regulated by the United States Department of Agriculture;"

SECTION 3. Said title is further amended by revising subparagraph (b)(l)(Q) of Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows:
"(Q) Order Artiodactyla (even-toed ungulates) - All species except Bison bison (buffalo), Bubalus bubalis (water buffalo), and Llama guanicoe, L. glama, and L. pacos (llamas);"

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SECTION 4. Chapter I of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:
'51-1-52. A landowner who allows wildlife to traverse the owner's property, or a person hunting game on such property with permission, shall be immune from civil liability for damage and injuries which may be caused by wildlife which traverse the landowner's property and enter a public roadway or right of way, provided that the conduct of the landowner or person hunting game does not constitute gross negligence or willful and wanton misconduct.'

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

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

Approved May 13, 2008.

INSURANCE- MEDICAID CARE MANAGEMENT ORGANIZATIONS ACT.
No. 585 (House Bill No. 1234).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to provide that care management organizations that contract with the Department of Community Health to provide health care services for Medicaid and PeachCare for Kids recipients meet certain requirements; to provide a short title; to provide for definitions; to provide that care management organizations are subject to certain laws relating to health maintenance organizations, managed health care plans, and insurance generally; to provide requirements relating to reimbursement for emergency health care services; to provide for requirements relating to critical access hospitals; to provide for coverage for newborn infants until discharged from the hospital; to provide for bundling of provider complaints and appeals; to provide for binding arbitration; to provide for interest payments on denied claims which are reversed; to require care management organizations to maintain a website for the processing of claims

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and to search for health care providers; to provide for standardized processing times for claims; to prohibit care management organizations from requiring health care providers to purchase or participate in other plans of the organization as a condition; to provide requirements for participation by dentists; to provide for claims to a responsible health organization; to require that the provisions of this Act are included in new and renewal agreements with care management organizations and health care providers; to provide for Hospital Statistical and Reimbursement Reports from the Department ofCommunity Health; to provide for applicability; to amend Code Section 49-4-153 ofthe Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:

'CHAPTER 21A

33-21A-1. This chapter shall be known and may be cited as the 'Medicaid Care Management Organizations Act.'

33-21A-2. As used in this chapter, the term:
( 1) 'Care management organization' means an entity that is organized for the purpose of providing or arranging health care, which has been granted a certificate of authority by the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of this title, and which has entered into a contract with the Department of Community Health to provide or arrange health care services on a prepaid, capitated basis to members. (2) 'Coordination of care' means early identification of members who have or may have special needs; assessment of a member's risk factors; development of a plan of care; referrals and assistance to ensure timely access to providers; actively linking the member to providers, medical services, and residential, social, and other support services where needed; monitoring; continuity of care; and follow-up and documentation, all as further described pursuant to the terms of the contracts between the Department of Community Health and the care management organizations.

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(3) 'Critical access hospital' means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the Department of Community Health as a critical access hospital for purposes of Medicaid. (4) 'Emergency health care services' means health care services that are provided for a condition ofrecent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (5) 'Health care provider' or 'provider' means any person, partnership, professional association, corporation, facility, or institution certified, licensed, or registered by the State of Georgia that has contracted with a care management organization to provide health care services to members. (6) 'Health care services' has the same meaning as in paragraph (5) of Code Section 33-21-1. (7) 'Health maintenance organization' means an entity which has been issued a certificate of authority by the Commissioner of Insurance pursuant to Chapter 21 of this title to establish and operate a health maintenance organization. (8) 'Hospital Statistical and Reimbursement Report' or 'HS&R report' means a report created by a care management organization, using the same format that is used by the Department ofCommunity Health in completing HS&R reports, that includes data related to an individual hospital, including aggregate statistics and reimbursement data for all Medicaid recipients who are covered by the care management organization and who received health care services at such hospital during a specific fiscal year, including data regarding services that were provided out of network. HS&R reports are utilized by the Department of Community Health for purposes of the Indigent Care Trust Fund's disproportionate share hospital survey and are also utilized by hospitals to claim payments under medicare's disproportionate share hospital program. (9) 'Medicaid' means the joint federal and state program ofmedical assistance established by Title XIX of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 7 of Chapter 4 of Title 49. (10) 'Member' means a Medicaid or PeachCare for Kids recipient who is currently enrolled in a care management organization plan. (II) 'PeachCare for Kids' means the State of Georgia's State Children's Health Insurance Program established pursuant to Title XXI of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 13 of Chapter 5 of Title 49.

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(12) 'Post-stabilization services' means covered services related to an emergency medical condition that are provided after a member is stabilized in order to maintain the stabilized condition or to improve or resolve the member's condition. (13) 'Responsible health organization' means the entity that a health care provider reasonably identifies to be responsible for providing or arranging health care services for a patient who is a Medicaid or PeachCare for Kids recipient after the provider has properly conducted an eligibility verification in accordance with the procedures of the Department of Community Health.

33-21A-3. (a) A care management organization shall be required to obtain a certificate of authority as a health maintenance organization pursuant to Chapter 21 of this title prior to providing or arranging health care for members pursuant to a contract with the Department of Community Health. On and after the date of issuance of its certificate of authority as a health maintenance organization, a care management organization shall comply with all provisions relating to health maintenance organizations and all provisions relating to managed health care plans, with the exception of Code Section 33-20A-9.1. (b) The Commissioner of Insurance shall not have the authority to approve, disapprove, or set rates paid by the Department of Community Health to a care management organization or paid by a care management organization to a health care provider. (c) The Commissioner of Insurance shall not have the authority to approve, disapprove, or modify any plan offered by a care management organization or any contract between a care management organization and the Department of Community Health. (d) Nothing in this chapter shall be interpreted as altering the authority of the commissioner of community health.

33-21A-4. (a) In particular, but without limitation, a care management organization shall not:
(I) Deny or inappropriately reduce payment to a provider of emergency health care services for any evaluation, diagnostic testing, or treatment provided to a recipient of medical assistance for an emergency condition; or (2) Make payment for emergency health care services contingent on the recipient or provider of emergency health care services providing any notification, either before or after receiving emergency health care services. (b) In processing claims for emergency health care services, a care management organization shall consider, at the time that a claim is submitted, at least the following criteria: (I) The age of the patient; (2) The time and day of the week the patient presented for services; (3) The severity and nature of the presenting symptons; (4) The patient's initial and final diagnosis; and

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(5) Any other criteria prescribed by the Department of Community Health, including criteria specific to patients under 18 years of age. A care management organization shall configure or program its automated claims processing system to consider at least the conditions and criteria described in this subsection for claims presented for emergency health care services. The Department of Community Health may develop and publish a list of additional standards to be used by care management organizations to maximize the identification and accurate payment of claims for emergency health care services. (c) If a provider that has not entered into a contract with a care management organization provides emergency health care services or post-stabilization services to that care management organization's member, the care management organization shall reimburse the noncontracted provider for such emergency health care services and post-stabilization services at a rate equal to the rate paid by the Department of Community Health for Medicaid claims that it reimburses directly.

33-21A-5. (a) A critical access hospital must provide notice to a care management organization and the Department of Community Health of any alleged breaches in its contract by such care management organization. (b) If a critical access hospital satisfies the requirement of subsection (a) of this Code section, and if the Department of Community Health concludes, after notice and hearing, that a care management organization has substantively and repeatedly breached a term of its contract with a critical access hospital, the department is authorized to require the care management organization to pay damages to the critical access hospital in an amount not to exceed three times the amount owed. Notwithstanding the foregoing, nothing in this Code section shall be interpreted to limit the authority of the Department of Community Health to establish additional penalties or fines against a care management organization for failure to comply with the contract between a care management organization and the Department of Community Health.

33-21A-6. (a) Each care management organization shall pay for health care services provided to a newborn infant who is born to a mother who is a member currently enrolled with that care management organization until such time as the newborn is finally discharged from all inpatient care to a home environment subject to approval by the federal Centers for Medicare and Medicaid Services. For a newborn infant whose mother is enrolled in a Medicaid program under which she receives Medicaid benefits directly from the Department of Community Health, the Department of Community Health shall pay for health care services provided to the newborn until such time as the newborn is finally discharged from all inpatient care to a home environment.

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(b) In the event a newborn is disenrolled from a care management organization and re-enrolled into the Medicaid fee-for-service program conducted directly by the Department of Community Health, the care management organization shall ensure the coordination of care for that child until the child has been appropriately discharged from the hospital and placed in an appropriate care setting.

33-21A-7. (a) In reviewing provider complaints or appeals related to denial of claims, a care management organization shall allow providers to consolidate complaints or appeals of multiple claims that involve the same or similar payment or coverage issues, regardless of the number of individual patients or payment claims included in the bundled complaint or appeal. (b) Each care management organization shall allow a provider that has exhausted the care management organization s internal appeals process related to a denied or underpaid claim or group of claims bundled for appeal the option either to pursue the administrative review process described in subsection (e) of Code Section 49-4-153 or to select binding arbitration by a private arbitrator who is certified by a nationally recognized association that provides training and certification in alternative dispute resolution. If the care management organization and the provider are unable to agree on an association, the rules of the American Arbitration Association shall apply. The arbitrator shall have experience and expertise in the health care field and shall be selected according to the rules of his or her certifying association. Arbitration conducted pursuant to this Code section shall be binding on the parties. The arbitrator shall conduct a hearing and issue a final ruling within 90 days of being selected, unless the care management organization and the provider mutually agree to extend this deadline. All costs of arbitration, not including attorney's fees, shall be shared equally by the parties. (c) For all claims that are initially denied or underpaid by a care management organization but eventually determined or agreed to have been owed by the care management organization to a provider of health care services, the care management organization shall pay, in addition to the amount determined to be owed, interest of 20 percent per annum, calculated from 15 days after the date the claim was submitted. A care management organization shall pay all interest required to be paid under this provision or Code Section 33-24-59.5 automatically and simultaneously whenever payment is made for the claim giving rise to the interest payment. All interest payments shall be accurately identified on the associated remittance advice submitted by the care management organization to the provider. A care management organization shall not be responsible for the penalty described in this subsection if the health care provider submits a claim containing a material omission or inaccuracy in any of the data elements required for a complete standard health care claim form as prescribed under 45 C.F.R. Part 162 for electronic claims, a CMS Form 1500 for nonelectronic claims, or any claim prescribed by the Department of Community Health.

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(d) Each care management organization shall maintain a website that allows providers to submit, process, edit, reb ill, and adjudicate claims electronically. To the extent a provider has the capability, each care management organization shall submit payments to providers electronically and submit remittance advices to providers electronically within one business day of when payment is made. To the extent that any of these functions involve covered transactions under 45 C.F .R. Section 162.900, et seq., then those transactions also shall be conducted in accordance with applicable federal requirements. (e) Each care management organization shall post on its website a searchable list of all providers with which the care management organization has contracted. At a minimum, this list shall be searchable by provider name, specialty, and location. At a minimum, the list shall be updated once each month. (f) The Department of Community Health shall require each care management organization to utilize the same timeframes and deadlines for submission, processing, payment, denial, adjudication, and appeal of Medicaid claims as the timeframes and deadlines that the Department of Community Health uses on claims it pays directly. (g) No care management organization shall, as a condition of contracting with a provider, require that provider to participate or accept other plans or products offered by the care management organization unrelated to providing care to members. Any care management organization which violates this prohibition shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A care management organization shall not reduce the funding available for members as a result of payment of such penalties. (h) No health care provider shall, as a condition of contracting with a care management organization, require that a care management organization contract with or not contract with another health care provider. Any health care provider which violates this subsection shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A health care provider shall not terminate an agreement with a care management organization as a result of payment of such penalties.

33-21A-8. (a) Except as provided in subsection (b) of this Code section, no care management organization or agent of such care management organization shall deny any dentist from participating in the Medicaid and PeachCare for Kids dental program administered by such care management organization if:
(1) Such dentist has obtained a license to practice in this state and is an enrolled provider who has met all of the requirements of the Department of Community Health for participation in the Medicaid and PeachCare for Kids program; and
(2)(A) The licensed dentist will provide dental services to members pursuant to a state or federally funded educational loan forgiveness program that requires such services; provided, however, each care management organization shall be required to offer dentists wishing to participate through such loan forgiveness programs the same

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contract terms offered to other dentists in the service region who participate in the care management organization's Medicaid and PeachCare for Kids dental programs; (B) The geographic area in which the dentist intends to practice has been designated as having a dental professional shortage as determined by the Department of Community Health, which may be based on the designation of the Health Resources and Services Administration of the United States Department of Health and Human Services; or (C) Such care management organization fails to establish to the satisfaction of the Department of Community Health that a sufficient number of general dentists and specialists have contracted with the care management organization to provide covered dental services to members in the geographic region. (b) A care management organization may decline to contract with a dentist who meets the requirements of subsection (a) of this Code section if such dentist has had his or her license to practice dentistry sanctioned in any manner or fails to meet the credentialing criteria established by the care management organization. Any dentist denied on this basis shall be entitled to a hearing before an administrative law judge as set forth in subsection (e) of Code Section 49-4-15 3. (c) The Department of Community Health shall also provide a means for dentists to request an annual hearing to determine whether a condition described in subparagraph (B) or (C) of paragraph (2) of subsection (a) of this Code section exists. The department may compel the attendance of care management organizations or agents of care management organizations to attend such hearings. The department may request additional information as a result of the hearing, and it shall consider matters raised in the hearing when deciding whether a condition described in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this Code section exists.

33-21A-9. (a) If a provider submits a claim to a responsible health organization for services rendered within 72 hours after the provider verifies the eligibility ofthe patient with that responsible health organization, the responsible health organization shall reimburse the provider in an amount equal to the amount to which the provider would have been entitled if the patient had been enrolled as shown in the eligibility verification process. After resolving the provider's claim, if the responsible health organization made payment for a patient for whom it was not responsible, then the responsible health organization may pursue a cause of action against any person who was responsible for payment of the services at the time they were provided but may not recover any payment made to the provider. (b) If a provider verifies the eligibility of a patient as set forth in subsection (a) of this Code section, and if a provider determines that a person other than the responsible health organization to which it has submitted a claim is responsible for Medicaid or PeachCare for Kids coverage of the patient at the time the service was rendered, the provider may submit the claim to the person that is responsible for Medicaid or PeachCare for Kids

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coverage and that person shall reimburse all medically necessary services, without application of any penalty for failure to file claims in a timely manner, for failure to obtain prior authorization, or for the provider not being a participating provider in the person's network, and the amount of reimbursement shall be that person's applicable rate for the service if the provider is under contract with that person or the rate paid by the Department of Community Health for the same type of claim that it pays directly if the provider is not under contract with that person.

33-21A-10. (1) On and after the effective date of this chapter, the Department of Community Health shall include provisions in all new or renewal agreements with a care management organization, which require the care management organization to comply with all provisions of this chapter. (2) On and after the effective date of this chapter, a care management organization shall not include any provisions in new or renewal agreements with providers entered into pursuant to the contract between the Department of Community Health and the care management organization, which are inconsistent with the provisions of this chapter.

33-21 A-11. Upon request by a hospital provider related to a specific fiscal year, a care management organization shall, within 30 days ofthe request, provide that hospital with an HS&R report for the requested fiscal year. Any care management organization which violates this Code section by not providing the requested report within 30 days shall be subject to a penalty of $1,000.00 per day, starting on the thirty-first day after the request and continuing until the report is provided. It is the intent of the General Assembly that such penalty be collected by the Department of Community Health and deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. A care management organization shall not reduce the funding available for health care services for members as a result of payment of such penalties.

33-21A-12. To the extent any provision in this chapter is inconsistent with applicable federal law, rule, or regulation, the applicable federal law, rule, or regulation shall govern.'

SECTION 2. Code Section 49-4-153 ofthe Official Code ofGeorgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, is amended by revising paragraph (1) of subsection (e) as follows:
'(1) A dentist acting pursuant to subsection (b) of Code Section 33-21A-8 or a provider of medical assistance may request a hearing on a decision of a care management organization with respect to the provisions set forth in subsection (b) of Code Section

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33-21 A-8 or with respect to a denial or nonpayment ofor 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 ofStatc 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. Notwithstanding any other provision of this title, an administrative law judge appointed pursuant to paragraph (2) of this subsection shall be authorized to allow a provider of medical assistance to consolidate pending complaints or claims against a care management organization that are based on the same or similar payment or coverage issues, as determined by such administrative law judge. Such consolidation shall include disposition of the same or similar claims through a single hearing that adjudicates the total amount of such consolidated claims.'

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

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

Approved May 13, 2008.

GEORGIA DEPARTMENT OF TRANSPORTATION; STRATEGIC TRANSPORTATION PLAN.
No. 684 (Senate Resolution No. 781).
A RESOLUTION
Urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes.

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WHEREAS, in order to allow Georgia's businesses to prosper and its citizens to enjoy a reasonably congestion free lifestyle, a strategic transportation plan should be developed that encompasses the whole state, not just a specific region of the state; and

WHEREAS, federal, state, and local governments are facing funding shortfalls for the building and maintenance of transportation infrastructure; and

WHEREAS, the deteriorating condition of existing roads, bridges, and other transportation facilities, along with the delays in building new facilities, causes safety issues, gridlock, and congestion and reduces the public's ability to move about the state; and

WHEREAS, the Joint Study Committee on Alternative Transportation Funding has studied the myriad issues surrounding transportation in all corners of this state and proposes the following items be considered and included in a state-wide transportation plan:
I. Georgia must begin to utilize public-private initiatives (PPis) to raise capital to start and maintain transportation facilities, when a project meets the criteria for a PPI. A PPI allows necessary projects to be constructed at a much faster pace with less of a financial burden on the government and the costs of the project can be leveraged against future revenues to be generated by the project; 2. Georgia should implement, as soon as practicable, high occupancy toll lanes (HOT lanes) to electronically toll drivers who desire to travel in low congestion lanes for a price. 3. Georgia must begin to attract private capital into the transportation arena by preparing and implementing proposals to have private companies build and maintain transportation facilities on behalf of the state. The private companies will be offered concessions (such as toll revenue) in order to make the deal palatable to investors; and 4. Georgia must realize that it will be impossible to build highways fast enough to handle the demand for mobility that the future is sure to bring. A public transit system that is accessible, fast, and safe must be included in any viable transportation plan. Whether by express buses, light or heavy rail, or mag-lev train, or any combination thereof, Georgia must fund and construct a modern public transit system in order to continue the dynamic economic growth of this state.

WHEREAS, the first step to assuring Georgians of a bright and mobile future is the development of a state-wide strategic transportation plan to accomplish this goal. A state-wide plan should eliminate construction of transportation projects based on political expediency and promote construction based on recognized project criteria that are set forth in the state-wide strategic transportation plan.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Department of Transportation to develop a state-wide

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strategic transportation plan, including the elements set forth in this resolution, to assure all Georgians of a mobile and prosperous future.

BE IT FURTHER RESOLVED that this body urges the Department of Transportation to report to the General Assembly by December 31, 2008, on its progress in developing a state-wide strategic transportation plan.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Commissioner of the Georgia Department of Transportation and to each member of the State Transportation Board.

Approved May 14, 2008.

COMMERCE- COURTS- GUARDIAN AND WARD -WILLS -PROBATE COURTS; NUMEROUS REVISIONS.
No. 685 (Senate Bill No. 508).
AN ACT
To amend Article 2 of Chapter 6 of Title I0, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code ofGeorgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to change provisions relating to the composition ofthe Probate Judges Training Council, the terms of councilmembers, and vacancies; to provide for definitions; to provide for additional concurrent jurisdiction with superior courts; to change certain provisions relating to compromise of a claim involving a gross settlement; to change provisions relating to sealing of records; to provide for recordation of certain information relating to real property when no administration is necessary; to eliminate year's support as a bar for probate of a will after five years; 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 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, is amended by revising Code Section 10-6-36, relating to revocation of agency and the effect of incompetency or incapacity of principal on a power of attorney, as follows:
'10-6-36. A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.'

SECTION 2. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-35, relating to the power to cite absconding fiduciaries, as follows:
'15-9-35. (a) Where any guardian, conservator, personal representative, surety on their bonds, or other person removes himself or herself beyond the limits of this state or absconds or conceals himself or herself, the judge of the probate court shall have the power to cite such guardian, conservator, personal representative, surety, or other person to appear before the judge relative to the performance of his or her duties or any other matter related to the probate court pertaining to such person. Service may be had upon the guardian, conservator, personal representative, surety, or other person by publication in the manner prescribed in subsection (b) of this Code section. (b) The judge of the probate court shall cause to be published the judge's order calling upon a person described in subsection (a) of this Code section to appear, in the newspaper of the county in which sheriff's advertisements are published, once a week for four weeks immediately preceding the court day on which the person is cited to appear. The published order shall be directed to the guardian, conservator, personal representative, surety, or other person, shall set the date and time on which the matter in question will be heard, shall indicate all matters to be passed upon at such time, and shall be signed by the judge of the probate court in the judge's official capacity. Where the address of the guardian, conservator, personal representative, surety, or other person is known, a copy of the order, as published, shall be mailed to the party named in the order. The judge of the probate court shall make an entry of his or her actions upon the minutes of the court.'

SECTION 3. Said chapter is further amended by revising Code Section 15-9-82, relating to place and time for holding court, as follows:

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'15-9-82. The probate court shall be held at the place prescribed for the superior court or in the office of the judge ofthe probate court in each county, by the judge thereof, on the first Monday in January, April, July, and October and shall continue in session from day to day as the business of the court may require. Ifthe first Monday in a given term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day.'

SECTION 4. Said chapter is further amended by revising Code Section 15-9-102, relating to the composition of the Probate Judges Training Council, terms of office, and vacancies, as follows:
'15-9-1 02. (a) As used in this Code section, the term:
(1) 'District' means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia. (2) 'Training council' means the Probate Judges Training Council. (b) The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. Such elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training council members shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years. All members may succeed themselves, and successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office. The president of The Council of Probate Court Judges of Georgia shall be a voting member of the training council ex officio. (c) In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the members of the district in which such vacancy has occurred shall elect a qualified person from the district to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election.'

SECTION 5. Said chapter is further amended by revising Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, as follows:
'15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:

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(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4,9-4-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards' property pursuant to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to Code Section 53-3-22 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'; (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12-170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175; (7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27; (8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221; and (9) Adjudication of petitions for direction or construction of a will pursuant to Code Section 23-2-92."

SECTION 6. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (h) of Code Section 29-3-3, relating to defining gross settlement, compromise of a claim, and finality of settlement, as follows:
"(h) If an order of approval is obtained from the court, or a court in which the action is pending, based upon the best interest ofthe minor, the natural guardian or conservator shall be authorized to compromise any contested or doubtful claim in favor ofthe minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part, not to exceed a total distribution of $15,000.00 prior to a minor reaching the age of majority, 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 7. Said title is further amended by revising Code Section 29-9-18, relating to sealing of records on conservatorships and guardianships, as follows:
"29-9-18. (a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel ofrecord and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the ward's legal counsel, the minor, the

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minor's parents, and the minor's legal counsel, the guardian or conservator and the guardian or conservator's legal counsel, and any surety for the conservator and legal counsel for the surety at any time. (b) A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days' prior written notice of a hearing on the petition; provided, however, that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest, and the court shall limit the portion of the file to which access is granted to that which is required to meet the legitimate needs of the petitioner.'

SECTION 8. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by revising Code Section 53-2-40, relating to the petition when an individual dies intestate and no administration is necessary, as follows:
'53-2-40. (a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court ofthe county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state. (b) The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter II of this title; and that the heirs have agreed upon a division of the estate among themselves. The agreement containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to agree to the division on behalf of that heir. (d) In any case involving the approval of a petition for an order that no administration is necessary, where there is an interest in real property, the court shall file, within 30 days of granting such petition, a certified copy of the order granting the petition that no administration is necessary in each county in this state in which the deceased owned real property, to be recorded in the deed records of the county and indexed under the name of the deceased in the grantor index. Such order shall be accompanied by the same fee for filing deeds with the clerk of the superior court. The filing fee and any fee for the

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recording of such order shall be taxed as costs to the estate. The certified copy ofthe order granting the petition that no administration is necessary shall set forth:
(1) The date of the order granting such petition; (2) The name and address of the deceased; (3) The interest in the property acquired by each party; and (4) The name and address of all parties that take title to the real property pursuant to the order issued by the court.'

SECTION 9. Said title is further amended by revising Code Section 53-5-3, relating to time limitation, as follows:
'53-5-3. A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for:
(l) The appointment of a personal representative ofthe decedent's estate; (2) or an order that no administration is necessary on the decedent's estate; provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002.'

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

Approved May 14, 2008.

HEALTH- RESIDENTIAL GRAY WATER.
No. 686 (Senate Bill No. 463).
AN ACT
To amend Chapter 3 ofTitle 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water; to provide for regulations; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by adding a new Code section to read as follows:
'31-3-5.2. (a) As used in this Code section, the term 'gray water' means waste water discharged from residential lavatories, bathtubs, showers, clothes washers, and laundry trays. (b) Private residential direct reuse of gray water shall be lawful if the following conditions are met:
(1) Gray water originating from the residence shall be used and contained within the property boundary for household gardening, composting, lawn watering, or landscape irrigation; (2) Gray water shall not be used for irrigation of food plants; (3) The gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities; (4) The application of gray water shall be managed to minimize standing water on the surface; (5) The application of gray water shall be outside of a floodway; (6) The gray water shall not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and (7) The gray water shall be applied only by hand watering using garden watering cans or similar hand-held containers. (c) County boards of health shall adopt the provisions of subsection (b) of this Code section by regulation. Local governing bodies shall be authorized to punish violations of said regulations as local ordinance violations, provided that the penalty for each such violation shall not exceed a $100.00 fine.'

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

Approved May 14, 2008.

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RETIREMENT- SUPERIOR COURT CLERKS; DUES; CREDITABLE SERVICE; FINES AND FORFEITURES; CIVIL ACTION AMOUNTS; SURVIVING SPOUSE BENEFITS.

No. 687 (Senate Bill No. 460).

AN ACT

To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide for a penalty for late payments; to provide that the board of commissioners of such retirement fund shall be authorized to provide for a surviving spouse's benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to provide conditions under which such benefit may be granted; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by revising Code Section 47-14-40, relating to application for membership in the fund, payments by members into the fund, and penalties for late payments, as follows:
'47-14-40. (a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay $50.00 per month into the fund. All clerks who made application and are accepted for membership in the fund shall remit to the board, not later than the tenth day of each subsequent month, the amount due under this subsection. (b) If any payment required to be made to the fund by a clerk remains unpaid 60 days from the date such payment is due, there shall also be due a late charge, which late charge shall be interest from the due date computed at 10 percent per annum or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible

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to receive any benefits provided by this chapter, a clerk shall remit the late charge with such delinquent payment. (c) No creditable service shall be granted for any month for which dues are in arrears on December 31, 2008, but payment shall be deemed timely and creditable if such dues and late charges are received by the board on or before the tenth day of the succeeding month. Thereafter, no creditable service shall be granted for any month for which dues are in arrears on the last day of the calendar year during which the dues were due, but payment shall be deemed timely and creditable if such dues and late charges are received by the board on or before the tenth day of the succeeding month following the last day of the preceding calendar year.'

SECTION 2. Said chapter is further amended by revising Code Section 47-14-50, relating to payments to the fund from fines and bonds collected in criminal and quasi-criminal cases, duty of the collecting authority to record and remit, and penalties for late payment, as follows:
'47-14-50. (a) As used in this Code section, the term 'collecting authority' means, without limitation, any county or state officer, including any judicial officer or employee, or any other person representing or acting on behalf of any court, the state, or a political subdivision ofthe state who in his or her capacity collects or receives fines or forfeitures as provided in this Code section. (b) The sum of$1.75 shall be paid to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law if the case is tried in any court of this state in which the clerk of such court is eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each month or at such other times as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties, the due date shall be the first day of the month. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. 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 for in this chapter. (c) If the clerk or other collecting authority whose duty it is to collect and remit moneys to the fund under subsection (b) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became

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delinquent until they are paid. All moneys which have not been paid to the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.'

SECTION 3. Said chapter is further amended by revising Code Section 47-14-51, relating to payments to the fund from fees collected in certain civil actions and for recording of instruments pertaining to real estate, records, audit of records, and the use of sums remitted, as follows:
"47-14-51. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts. (b) In addition to all other legal costs, the sum of 50 shall be charged and collected in addition to any other fees or costs for the processing of all instruments pertaining to real estate filed in the superior courts. (c) The clerks shall collect the fees provided for in subsections (a) and (b) of this Code section, and the fees so collected shall be remitted to the board on a monthly basis or at such time as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties, the due date shall be the first day ofthe month. 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. (d) If the clerk or other authority whose duty it is to collect and remit moneys to the fund under subsection (a) of this Code section fails to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent ofthe principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became delinquent until they are paid. All moneys which have not been paid to the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the

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payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.'

SECTION 4. Said chapter is further amended by revising Code Section 47-14-72, relating to benefits payable in the event of death before retirement, as follows:
'47-14-72. (a) In the event of the death of any clerk who has not retired under any of the provisions of this chapter, but who was eligible to do so, the surviving spouse shall receive a monthly sum during his or her lifetime equal to 50 percent of the amount such clerk would have received had he or she retired under subsection (c) of Code Section 47-14-70. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of such clerk.
(b)(1) Subject to the provisions of paragraph (2) of this subsection, the board is authorized to provide by rule or regulation that in the event of the death of any clerk who has satisfied all requirements for retirement provided by subsection (a) of Code Section 47-14-70 but who dies prior to attaining the age of 55, whether or not such clerk has terminated his or her official duties as clerk, the surviving spouse shall receive a monthly sum during his or her lifetime in an amount not greater than 50 percent of the amount such clerk would have received had he or she retired at age 55 as provided under subsection (c) of Code Section 47-14-70, the actual percent to be set by the board of trustees in direct relation to the amount determined by the actuary pursuant to paragraph (2) of this subsection. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of such clerk. Once funded and granted, such benefit shall be irrevocable but shall be subject to the provisions of Code Section 47-14-90. (2) The board of trustees shall be authorized to provide for such level of benefits as provided in paragraph (I) of this subsection only upon:
(A) The recommendation of the actuary for the board; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant.'

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

Approved May 14, 2008.

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HIGHWAYS- PROPERTY DISPOSITION; SURPLUS.

No. 688 (Senate Bill No. 444).

AN ACT

To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; 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 32-7-4 ofthe Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, is revised to read as follows:
'32-7-4. (a)( 1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu ofservice ofnotice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (I) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no

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longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 or Jess as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(l)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is Jess than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items:
(i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be

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sold at Jess than its fair market value. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (I) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller.'

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SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

GEORGIA DEPARTMENT OF TRANSPORTATION; REPORTS.
No. 689 (Senate Resolution No. I 060).
A RESOLUTION
Urging the commissioner ofthe Department of Transportation to provide a series of reports to the General Assembly; and for other purposes.
WHEREAS, the General Assembly, in order to fulfill its role as an overseer of the use of the taxes paid by the hard working citizens of Georgia, needs to have current and updated information from the Department of Transportation; and
WHEREAS, the following types of reports will help the members of the General Assembly better understand the direction the department is taking to help resolve transportation issues in this state; and
WHEREAS, the General Assembly hereby requests that the commissioner oftransportation, beginning on December 31, 2008, or as near to that date as possible, and annually thereafter, prepare a report for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and House Committee on Transportation detailing the progress the department has made in the following areas:
1. Disposal of county maintenance barns and surplus equipment. This report shall detail the location and amount of property and equipment sold and remaining unsold; 2. Road maintenance. This report shall detail the amount of money to be spent on maintaining existing roads and the source of the funds. This report shall also contain an analysis of the overall structural and functional condition of roads in Georgia; and 3. Bridge maintenance. This report shall detail the amount of money to be spent on

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inspecting and maintaining existing bridges and the source of the funds. This report shall also contain an analysis of the overall structural and functional condition of bridges in Georgia and an analysis of whether the inspections of bridges already performed by the department meet federal requirements and industry safety standards.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the commissioner of the Department of Transportation to prepare the reports listed herein for use by the General Assembly.

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

Approved May 14,2008.

STATE GOVERNMENT- WAR OF 1812 BICENTENNIAL COMMISSION.
No. 690 (House Bill No. 953).
AN ACT
To amend Chapter 12 of Title 50 ofthe Official Code of Georgia Annotated, relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide a short title; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; 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 12 of Title 50 of the Official Code of Georgia Annotated, relating to state government commissions and other agencies, is amended by adding a new article to read as follows:

8 ARTICLE 9

50-12-140. This article shall be known and may be cited as the 'War of 1812 Bicentennial Commission Act.'

50-12-141. (a) The General Assembly finds and declares that the War of 1812 was a perilous time in our young nation's history. The war was essentially fought over our nation's sovereign right to free trade and the inviolability of our nation's vessels on the high seas; it serves as a timeless reminder of the vulnerability of Georgia's coastline and land borders to attack by elements of a hostile foreign power. During the war period, July 18, 1812, through February 18, 1815, there were 39 counties in Georgia: Baldwin, Bryan, Bulloch, Burke, Camden, Chatham, Clarke, Columbia, Effingham, Elbert, Emanuel, Franklin, Glynn, Greene, Hancock, Jackson, Jasper, Jefferson, Jones, Laurens, Liberty, Lincoln, Madison, Mcintosh, Montgomery, Morgan, Oglethorpe, Pulaski, Putnam, Richmond, Screven, Tattnall, Telfair, Twiggs, Warren, Washington, Wayne, Wilkes, and Wilkinson; Emanuel was added on December 10, 1812. Although not designated within the borders of this state, there existed during the war period territory that would eventually be designated as counties of Georgia; in addition to which, new counties were created from existing counties, and some counties whose boundaries were later redefined were the site of historically significant activity during the War of 1812. Among those counties, but not specifically limited to those now mentioned, are: Appling, Bibb, Bleckley, Charlton, Coffee, Crawford, Crisp, Dodge, Dooly, Early, Lee, Monroe, Muscogee, Pierce, Talbot, Taylor, Ware, Wilcox, Worth, and Upson. While not all counties suffered combat, each of the 39 aforementioned counties contributed troops to the state militia; some had fortifications situated within their respective boundaries; and all had militia training grounds. Various regions of Georgia were affected by the War of 1812 in different ways: coastal regions were subject to combat with British forces, British raiding parties, and the interdiction of coastal shipping between the ports of Savannah and St. Marys; beyond Fort Hawkins (the present day City of Macon), Georgia settlers and troops were subject to raids by rebel elements of the Creek nation allied to Great Britain. Georgia territory occupied by British forces included Brunswick, Cumberland Island, Jekyll Island, St. Marys, and St. Simons Island. The same naval and military forces that burned Washington, D.C., and attacked Fort McHenry, inspiring Francis Scott Key to write the poem which became known as the 'Star Spangled Banner,' also invaded Cumberland Island, attacked St. Marys

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and the Battery at Cantonment Point Petre, and wreaked havoc along Georgias coast. The final combat between British military forces and American military forces, specifically the Georgia Militia, took place on the St. Marys River, near Coleraine, on February 23, 1815, and the final shots fired in anger between British naval forces and American naval forces in American territorial sea took place in Georgia waters on March 16, 1815, off Wassaw Island. (b) The bicentennial commemoration period offers an excellent opportunity to enhance educational programs, add to the general knowledge of that era, and engender history and heritage based tourism within this state. Therefore, it is in the interest of this state to provide appropriate commemorative activities to maximize public understanding of the meaning of the War of 1812 in the history of Georgia. (c) The purpose ofthe commission is to ensure a suitable state-wide observance ofthe War of 1812 by complementing, cooperating with, and providing assistance to the programs and activities of the various counties involved in the commemoration. The commission is to encourage War of 1812 observances that provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the various War of 1812 sites. The commission is to engage the state archeologist in compiling an inventory of War of 1812 archeological assets on land and in waters under Georgia jurisdiction or control and work in concert with the appropriate federal government agencies when warranted to accomplish that goal. (d) The commission is also to welcome international involvement in the War of 1812 observances; contribute to, coordinate with, participate in, and enhance the activities ofthe National War of 1812 Bicentennial Commission; foster and promote the protection of War of 1812 resources; and assist in the appropriate development of heritage and history based tourism and economic benefits to the State of Georgia.

50-12-142. As used in this article, the term:
(1) 'Commemoration' means commemoration of the War of 1812. (2) 'Commission' means the War of 1812 Bicentennial Commission established in this article. (3) 'Commissioner' means the commissioner of natural resources. (4) 'Counties' means those counties mentioned in subsection (a) of Code Section 50-12-141, to wit: Appling, Baldwin, Bibb, Bleckley, Bryan, Bulloch, Burke, Camden, Charlton, Chatham, Clarke, Coffee, Columbia, Crawford, Crisp, Dodge, Dooly, Early, Effingham, Elbert, Emanuel, Franklin, Glynn, Greene, Hancock, Jackson, Jasper, Jefferson, Jones, Laurens, Lee, Liberty, Lincoln, Madison, Mcintosh, Montgomery, Monroe, Morgan, Muscogee, Oglethorpe, Pierce, Pulaski, Putnam, Richmond, Screven, Talbot, Tattnall, Taylor, Telfair, Twiggs, Ware, Warren, Washington, Wayne, Wilcox, Wilkes, Wilkinson, Worth, and Upson, and includes agencies and entities ofeach county.

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(5) 'Qualified resident' means any resident of the State of Georgia with an interest in, support for, and expertise appropriate to the commemoration.

50-12-143. (a) The commission shall be composed of 28 members as follows:
(1) Thirteen members shall be qualified residents appointed by the commissioner after consideration of nominations submitted by the county commissioners ofBa1dwin, Bibb, Camden, Chatham, Crawford, Crisp, Fulton, Glynn, Liberty, Mcintosh, Pulaski, Telfair, and Twiggs counties; (2) Three members shall be qualified residents appointed by the commissioner after consideration of nominations submitted by the mayors of the City of Savannah, City of Macon, and the City of St. Marys; (3) Three members shall be employees of the Department of Natural Resources appointed by the Governor; (4) One shall be an employee ofthe Georgia Department of Defense; (5) One shall be an employee of the Department of Economic Development, Tourism Division; (6) One shall be an employee ofthe University System of Georgia from a department of history; (7) One shall be an employee of the Department of Education; (8) Four shall be qualified residents appointed by the commissioner, of whom:
(A) One shall be recommended by the majority leader of the Senate; (B) One shall be recommended by the minority leader of the Senate; (C) One shall be recommended by the majority leader ofthe House of Representatives; and (D) One shall be recommended by the minority leader ofthe House ofRepresentatives; and (9) One member shall be appointed by the commissioner from among individuals with experience in the history of the War of 1812. (b) Those residents of Georgia nominated by the Governor to serve on the National War of 1812 Bicentennial Commission shall ensure the coordination of efforts by the State of Georgia War of 1812 Bicentennial Commission with the efforts of the National War of 1812 Bicentennial Commission. (c) The appointments ofmembers of the commission shall be made not later than 120 days after the date of enactment of this article. (d) A member shall be appointed for the life of the commission. (e) A vacancy on the commission: (A) Shall not affect the powers of the commission; and (B) Shall be filled in the same manner as the original appointment was made. (f) The commission shall act only on an affirmative vote of a majority of the members of the commission.

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(g) A majority of the members of the commission shall constitute a quorum. (h) The commission shall select a chairperson and a vice chairperson from among the members of the commission. (i) The commission shall hold its initial meeting no later than 60 days after the date on which all members of the commission have been appointed. (j) During the years 2008 through 20 II, not less than three times a year the commission shall meet at the call of the chairperson or a majority of the members of the commission. (k) During the years 2012 through 2015, not less than two times a year the commission shall meet at the call of the chairperson or a majority of the members of the commission. (I) The commission shall:
(I) Plan, encourage, develop, execute, and coordinate programs, observances, and activities commemorating the historic events that preceded and are associated with the Warofl812; (2) Facilitate the commemoration throughout the State of Georgia; (3) Coordinate the activities ofthe commission with appropriate private, city, and federal agencies including, but not limited to, the National Park Service and the federal Department of Defense; (4) Encourage civic, patriotic, historical, educational, religious, economic, tourism, and other organizations throughout the State of Georgia to organize and participate in the commemoration to expand the understanding and appreciation of the significance of the War of 1812; (5) Provide technical assistance to counties, cities, localities, the Department of Natural Resources, and nonprofit organizations to further the commemoration and commemorative events; (6) Subject to available funds, direct the following regional development centers to coordinate the efforts ofthe participating counties within their respective regions: Coastal Georgia, Central Savannah River, Heart of Georgia, Atlanta Regional Commission, Southeast Georgia, Northeast Georgia, Middle Georgia, Middle Flint Lower Chattahoochee, South Georgia, and Southwest Georgia; (7) Subject to available funds, direct the aforementioned regional development centers to provide a calendar of events to the state Departments of Transportation, Economic Development, and Education no later than six months prior to the event date; (8) Design, develop, and provide, during the commemoration period January I, 2012, through May 30, 2015, for the purposes of education and tourism, a website that shall include a calendar of commemoration festivities state wide and an explanation of events preceding and associated with the War of 1812 as it was prosecuted on Georgia soil, in Georgia waters, and by military and naval units associated with the State of Georgia deployed in other states or territories; (9) Design, develop, and provide, during the commemoration period January I, 2012, through May 30, 2015, an exhibit that will travel throughout the state to interpret events

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of the War of 1812 for the educational benefit of the residents of and tourists to the State of Georgia; (1 0) Subject to available funds, direct the state archeologist to produce an inventory of historically significant structures and, upon completion ofsaid inventory, execute surveys of sites associated with the War of 1812; (11) Subject to available funds, direct the state archeologist to produce, with the assistance of a state historian, an inventory of historically significant shipwrecks in Georgia waters and, upon completion of said inventory, with the cooperation of appropriate state and federal agencies, execute surveys of significant shipwrecks associated with the War of 1812 in Georgia waters; (12) Subject to available funds, direct a state historian to provide not later than July 18, 2011, information relating the location of battlegrounds, fortifications, historic sites, routes, trails, and other places ofinterestto the State DepartmentofTransportation so that agency may produce a 'War of 1812 Trail' map which shall be made available for the Georgia War of 1812 Bicentennial period: July 18,2012, through March 16, 2015; (13) Subject to available funds, direct a state historian to compile for distribution to appropriate state historic sites and Georgia schools a pamphlet including the biographies of notable War of 1812 era Georgians: citizens, military figures, political figures, and namesakes for Georgia counties; (14) Ensure that the War of 1812 commemorations provide a lasting legacy and long-term public benefit leading to protection of the natural and cultural resources associated with the War of 1812; and (15) Examine and review essential facilities and infrastructure at War of 1812 sites and enable necessary improvements to enhance and maximize visitor experience at the sites. (m) The commission shall prepare a strategic plan and annual performance plans for any activity carried out by the commission under this article. (n) The commission shall have no authority to obligate state funds or to require any unit of state or local government to expend or obligate funds. Where any provisions of this article make any power or duty of the commission subject to availability of funding, such provisions are intended to make the exercise of such power or duty contingent on the commission having received grants, donations, or contract funds sufficient for such purpose.

50-12-144. (a) The commission shall submit to the General Assembly an annual report that contains a list of each gift, bequest, or devise to the commission or a member of the commission with a value of more than $250.00, together with the identity of the donor of each gift, bequest, or devise. (b) Not later than September 30,2015, the commission shall submit to the commissioner and the General Assembly a final report that includes:
(1) A summary of the activities of the commission;

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(2) A final accounting of any funds received or expended by the commission; and (3) The final disposition of any historically significant item acquired by the commission and other properties not previously reported.

50-12-145. (a) The commission may:
(I) Solicit, accept, use, and dispose ofgifts or donations of money, services, and real and personal property related to the commemoration; (2) Appoint such advisory committees as the commission determines to be necessary to carry out this article; (3) Authorize any member or employee of the commission to take any action the commission is authorized to take under this article; (4) Use the United States mails in the same manner and under the same conditions as other agencies of the state government; and (5) Make grants to communities, nonprofit commemorative commissions or organizations, and research and scholarly organizations to develop programs and products to assist in researching, publishing, marketing, and distributing information relating to the commemoration. (b) In carrying out this Code section, the commission may: ( 1) Procure supplies, services, and property; and (2) Make or enter into contracts, leases, or other legal agreements. (c) Any contract, lease, or other legal agreement made or entered into by the commission shall not extend beyond the date of termination of the commission. (d) The commission may secure directly from a state agency such information as the commission considers to be necessary to carry out this Code section and, upon request of the chairperson of the commission, the head of the agency shall provide information to the commission.

50-12-146. (a) Except as provided in subsection (b) ofthis Code section, a member ofthe commission shall serve without compensation. (b) A member of the commission who is an officer or employee of the State of Georgia shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the State of Georgia. (c) Subject to available funds, a member of the commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under the law while away from the home or regular place of business of the member in the performance of the duties of the commission. (d) Subject to available funds, the chairperson of the commission may, without regard to merit system laws, including regulations, appoint and terminate an executive director and

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such other additional personnel as are necessary to enable the commission to perform the duties of the commission. (e) Subject to available funds, the employment of an executive director shall be subject to confirmation by the commission.
(0 Subject to available funds, the chairperson ofthe commission may fix the compensation
of the executive director and other personnel without regard to the provisions of the law relating to classification of positions and general schedule pay rates. (g) At the request of the commission and subject to available funds, the head of any state agency may assign, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the commission to assist the commission in carrying out the duties of the commission under this article. (h) The assignment of an employee under subsection (g) of this Code section shall be without loss of merit system status or privilege. (i) The commission may:
(I) Accept the services of personnel assigned from counties and cities; and (2) Subject to available funds, reimburse counties and cities for the services of assigned personnel. (j) The commission may accept and use such voluntary and uncompensated services as the commission determines necessary. (k) Subject to available funds, the commissioner shall provide to the commission, on a reimbursable basis, such administrative support services as the commission may request. (I) Subject to available funds, the chairperson of the commission may procure temporary and intermittent services at rates for individuals that do not exceed the daily equivalent of the annual rate. (m) Nothing in this Code section supersedes the authority of the counties or the Department of Natural Resources concerning the commemoration. (n) Nothing in this article shall be construed to require state appropriations.

50-12-147. (a) The commission shall terminate on December 31,2015. (b) Not later than the date of termination, the commission shall transfer any documents, materials, books, manuscripts, miscellaneous printed matter, memorabilia, relics, and exhibits and any materials donated to the commission that relate to the War of 1812 to the Fort Morris (Fort Defiance) State Historic Site. (c) Any funds held by the commission on the date of termination shall be deposited in the general fund of the treasury. (d) This article shall stand repealed in its entirety on December 31, 2015 .'

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 14, 2008.

GEORGIA DEPARTMENT OF TRANSPORTATION; COUNTY BARNS; ROAD MAINTENANCE.
No. 691 (Senate Resolution No. 1047).
A RESOLUTION
Urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; and for other purposes.
WHEREAS, the Georgia Department ofTransportation maintains multiple barns throughout this state to store its equipment; and
WHEREAS, if possible, the department should consolidate these barns into regional storage areas, rather than maintaining as many barns throughout this state; and
WHEREAS, many of the road maintenance functions performed on state roads by Department of Transportation personnel or contractors hired by the department, such as mowing alongside roads or striping roads, are also performed by county personnel on county roads; and
WHEREAS, the department should consider contracting with counties or the private sector, where feasible, to save taxpayers money and raise the efficiency of road maintenance throughout this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Department of Transportation to develop a strategy to consolidate its barns and road maintenance operations in order to save taxpayers money and improve efficiency.
BE IT FURTHER RESOLVED that this body urges the Department of Transportation to report to the General Assembly by December 31, 2008, on its progress in consolidating its barns and road maintenance operations.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Georgia Department of Transportation and to each member of the State Transportation Board.

Approved May 14, 2008.

REVENUE- SALES TAX EXEMPTION; NONPROFIT HEALTH CENTERS; NONPROFIT VOLUNTEER HEALTH CLINICS.
No. 692 (House Bill No. 957).
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 for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; 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 ofthe Official Code ofGeorgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph (7.05) as follows:
'(7.05)(A) For the period commencing on July 1, 2008, and ending on June 30,2010, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to, the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner.
(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

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amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) ofthis paragraph shall not apply to any local sales and use tax levied or imposed at any time."

SECTION 2. Said Code section is further amended by adding a new paragraph to read as follows:
'(7.3) For the period commencing July I, 2008, and ending June 30, 2010, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent ofthe federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;'

SECTION 3. Said Code section is further amended in paragraph (85) by revising subparagraph (E) as follows:
'(E) This paragraph shall stand repealed in its entirety on July I, 2010; or'.

SECTION 4. This Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

LOCAL GOVERNMENT-RECREATION TAX; REMOVAL.
No. 693 (House Bill No. 1024).
AN ACT
To amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed

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by action ofthe municipal or county governing body, subject to approval by the voters of the municipality or county; to provide that in such case budgetary control over the recreation fund shall pass to the governing authority; 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 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, is amended by adding a new Code section to read as follows:
'36-64-15. (a) If a municipality or county has adopted the provisions of this chapter at an election, thereby establishing a minimum recreation tax, a maximum recreation tax, or a minimum and maximum recreation tax, then such minimum or maximum or both may be removed as provided in this Code section. (b) In order to so remove the minimum or maximum or both, the governing body of the municipality or county shall adopt a resolution to that effect, subject to approval by a majority of the voters of the municipality or county at the next general or special election ofthe municipality or county which is held more than 45 days after the date of the adoption of the resolution by the governing body. Such resolution shall specify the ballot language to be used in presenting the question and the governing body shall provide a copy of the resolution to the appropriate election officials. If a majority of the voters voting on the question of removal vote in favor, the minimum or maximum or both shall be removed as presented to the voters. (c) Where a minimum or maximum or both has or have been removed as authorized by this Code section, the amount of municipal or county funding for the recreation system of the municipality or county shall thereafter be determined by the governing body of the municipality or county in its discretion; and the municipal or county governing body shall assume budgetary control over the recreation fund and any moneys therein.'

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

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

Approved May 14, 2008.

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UNITED STATES DEPARTMENT OF TRANSPORTATION; FEDERAL GAS TAX.

No. 694 (Senate Resolution No. 750).

A RESOLUTION

Urging the United States Department ofTransportation to reconsider its mission and purpose; and for other purposes.

WHEREAS, the United States Department of Transportation was established by an act of Congress on October 15, 1966, and the department's first official day of operation was April I, 1967;and

WHEREAS, the mission of the department is to "Serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality oflife of the American people, today and into the future."; and

WHEREAS, the main mission ofthe department has largely been fulfilled by the completion of the federal interstate highway system; and

WHEREAS, state and local governments are faced with difficult decisions regarding local transportation needs on a continuing and ever-increasing basis; and

WHEREAS, the federal motor fuel taxes charged to the citizens of Georgia are needlessly sent to the federal government before being returned to the state government; and

WHEREAS, Georgia is a donor state and does not receive back as much motor fuel tax as it collects and sends to the federal government.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges making the funds collected under the federal gas tax immediately available to individual states to fund their transportation needs.

BE IT FURTHER RESOLVED that this body urges the federal government to cease the collection of motor fuel taxes in Georgia so that the state can collect and distribute the taxes without the delay caused by federal collection and disbursement.

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BE IT FURTHER RESOLVED that a copy of this resolution be delivered to the Commissioner of the United States Department of Transportation and to the congressional delegation of the State of Georgia.

Approved May 14, 2008.

SOCIAL SERVICES- DISABILITY THERAPY SERVICES; NEEDY AND MEDICALLY FRAGILE CHILDREN.
No. 695 (Senate Bill No. 507).
AN ACT
To amend Chapter 4 ofTitle 49 ofthe Official Code ofGeorgia Annotated, relating to public assistance, so as to establish requirements for therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for statutory 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. Chapter4 ofTitle 49 ofthe Official Code ofGeorgia Annotated, relating to public assistance, is amended by adding a new article to read as follows:
"ARTICLE 7C
49-4-169. The General Assembly finds that changes in the approval process of certain health care programs have made it difficult for children with disabilities who are eligible for medical assistance pursuant to Article 7 of this chapter to receive the services to which they are entitled with the frequency and within the time periods which are appropriate. Separate administration of the categorically needy and the medically fragile programs should not result in any variation in the amount, duration, and scope of services. Redundant paperwork requirements have hampered service approvals and delivery and reduced the

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number of providers serving children. It is the intent of this article to ensure that children with disabilities receive the medically necessary therapy services tow hich they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program and that categorically needy and medically fragile children have available to them the same scope, duration, and amount of services. It is also the intent of this article to simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible recipients.

49-4-169 .I. As used in this article, the term:
(1) 'Correct or ameliorate' means to improve or maintain a child's health in the best condition possible, compensate for a health problem, prevent it from worsening, prevent the development of additional health problems, or improve or maintain a childs overall health, even if treatment or services will not cure the recipient's overall health. (2) 'Department' means the Department of Community Health. (3) 'EPSDT Program' p1eans the federal Medicaid Early Periodic Screening, Diagnostic, and Treatment Program contained at 42 U.S.C.A. Sections 1396a and 1396d. (4) 'Medically necessary services' means services or treatments that are prescribed by a physician or other licensed practitioner, and which, pursuant to the EPSDT Program, diagnose or correct or ameliorate defects, physical and mental illnesses, and health conditions, whether or not such services are in the state plan. (5) 'Therapy services' means occupational therapy, speech therapy, physical therapy, or other services provided pursuant to the EPSDT Program to an eligible Medicaid beneficiary 21 years of age or younger and which are recommended as medically necessary by a physician.

49-4-169.2. All persons who are 21 years of age or younger who are eligible for services under the EPSDT Program shall receive therapy services in accordance with the provisions of this article, whether they are categorically needy children enrolled in the low income Medicaid program or medically fragile children enrolled in the aged, blind, and disabled Medicaid program.

49-4-169.3. (a) The department shall develop and implement for itself, the care management organizations with which it enters into contracts, and its utilization review vendors consistent requirements, paperwork, and procedures for utilization review and prior approval of physical occupational, or speech language pathologist services prescribed for children. Prior approval for therapy services shall be for a period of up to six months as consistent with the needs of the individual recipient.

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(b) The department, its utilization review vendors, or the care management organizations with which it contracts shall give notice to affected Medicaid recipients of the following information in cases where prior approval is denied:
(l) The medical procedure or service for which such entity is refusing to grant prior approval; (2) Any additional information needed from the recipient's medical provider which could change the decision of such entity; and (3) The specific reason used by the entity to determine that the procedure is not medically necessary to the Medicaid recipient, including facts pertinent to the individual case. (c) Notwithstanding any other provision of law, the department, its utilization review vendors, or its care management organizations shall grant prior approval for requests for therapy services when the recipient is eligible for Medicaid services and the services prescribed are medically necessary. (d) In cases where prior approval is required under this article, it shall be decided with reasonable promptness, not to exceed 15 business days, and may not be denied until it has been evaluated under the EPSDT Program. (e) Prescriptions and prior approval for services shall be for general areas of treatment, treatment goals, or ranges of specific treatments or processing codes. Clinical coverage criteria or guidelines, including restrictions such as location of service and prohibitions on multiple services on the same day or at the same time, shall not be the sole determinant used by the department, its utilization vendors, or its care management organizations to limit the EPSDT standards or its medically necessary definition in this article. Any such restrictions shall be waived under the EPSDT Program or this article if the prescribed services are medically necessary. (f) Nothing in this article shall be construed to prohibit the department, its utilization review vendors, or its care management organizations from performing utilization reviews of the diagnosis or treatment of a child receiving therapy services pursuant to the EPSDT Program, the amount, duration, or scope or the actual performance or delivery of such services by providers, so long as such utilization review does not unreasonably deny or unreasonably delay the provision of medically necessary services to the recipient. (g) Nothing in this article shall be deemed to prohibit or restrict the department, its utilization review vendors, or its care management organizations from denying claims or prosecuting or pursuing beneficiaries or providers who submit false or fraudulent prescriptions, forms required to implement this article, or claims for services or whose eligibility as a beneficiary or a participating provider has been based on intentionally false information.'

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 14, 2008.

COMMERCE -LEMON LAW; COMPLETE REVISION.
No. 696 (House Bill No. 470).
AN ACT
To repeal Article 28 of Chapter I of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights; to enact a new Article 28 of Chapter I of Title 10 to be known as the "Georgia Lemon Law"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for documents and information to be provided to consumers; to provide for a duty of the manufacturer to repair and correct nonconformities; to provide for replacement or repurchase of nonconforming vehicles; to provide for an informal dispute settlement mechanism; to provide for arbitration; to provide for an appeal of the arbitration decision; to require exhaustion of remedies by the consumer; to provide for a new motor vehicle arbitration panel; to provide for resale of a nonconforming vehicle; to provide for collection ofa consumer fee; to provide for new motor vehicle dealer liability; to provide for other rights and remedies; to provide for staffing; to provide for rulemaking authority; to provide for severability; to provide for waiver of rights under provisions as contrary to public policy; 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 I. Article 28 of Chapter 1 of Title I0 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights, is amended by striking it in its entirety and inserting in its place a new article to read as follows:
'ARTICLE 28
10-1-780. This article shall be known and may be cited as the 'Georgia Lemon Law.'

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10-l-781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution ofcomplaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article.

l 0-l-782. Unless the context clearly requires otherwise, as used in this article, the term:
( l) 'Adjusted capitalized cost' means the amount shown as the adjusted capitalized cost in the lease agreement. (2) 'Administrator' means the administrator appointed pursuant to Code Section l 0-l-3 95 or his or her designee. (3) 'Authorized agent' means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. (4) 'Collateral charges' means charges incurred by a consumer as a result of the purchase of a new motor vehicle including, but not limited to, charges attributable to factory or dealer installed options, sales tax and title charges, and earned finance charges. (5) 'Consumer' means each of the following:
(A) A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person; and (B) A person who purchases or leases ten or fewer new motor vehicles a year for business purposes other than limousine rental services. (6) 'Days' means calendar days. (7) 'Express warranty' means a warranty which is given by the manufacturer in writing. (8) 'Incidental costs' means any reasonable expenses incurred by a consumer in connection with the repair ofa new motor vehicle, including, but not limited to, payments to new motor vehicle dealers for the attempted repair ofnonconformities, towing charges, and the costs of obtaining alternative transportation. (9) 'Informal dispute settlement mechanism' means any procedure established, employed, utilized, or sponsored by a manufacturer for the purpose of resolving disputes with consumers under this article. (10) 'Lemon law rights period' means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of operation after delivery of a new motor vehicle to the original consumer, whichever

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occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state ofemergency. (11) 'Lessee' means any consumer who enters into a written lease agreement or contract to lease a new motor vehicle for a period of at least one year and is responsible for repairs to such vehicle. (12) 'Lessee cost' means the aggregate payment made by the lessee at the inception of the lease agreement or contract, inclusive of any allowance for a trade-in vehicle, and all other lease payments made by or on behalf of the lessee to the lessor. (13) 'Lessor' means a person who holds title to a new motor vehicle that is leased to a consumer under a written lease agreement or contract or who holds the lessor's rights under such agreement. (14) 'Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing or receiving imports of new motor vehicles into the United States for the purpose of selling or distributing them to new motor vehicle dealers. (15) 'New motor vehicle' means any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. The term 'new motor vehicle' does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term 'new motor vehicle' also does not include trucks with more than 12,000 pounds gross vehicle weight rating, motorcycles, or golf carts. If a new motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space. (16) 'New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. ( 17) 'Nonconformity' means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. A nonconformity does not include a defect, a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (18) 'Panel' means the new motor vehicle arbitration panel as designated in this article. (19) 'Person' shall have the same meaning as provided in Code Section I 0-1-392. (20) 'Purchase price' means, in the case of a sale of a new motor vehicle to a consumer, the cash price of the new motor vehicle appearing in the sales agreement or contract,

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inclusive of any reasonable allowance for a trade-in vehicle. In the case of a lease executed by a consumer, 'purchase price' refers to the agreed upon value of the vehicle as shown in the lease agreement or contract. (21) 'Reacquired vehicle' means a new motor vehicle with an alleged nonconformity that has been replaced or repurchased by the manufacturer as the result of any court order or judgment, arbitration decision, voluntary settlement entered into between a manufacturer and the consumer, or voluntary settlement between a new motor vehicle dealer and a consumer in which the manufacturer directly or indirectly participated. (22) 'Reasonable number of attempts' under the lemon law rights period shall be as set forth in subsection (a) of Code Section 10-1-784. (23) 'Reasonable offset for use' means an amount calculated by multiplying the purchase price of a vehicle by the number of miles directly attributable to consumer use as of the date on which the consumer first delivered the vehicle to the manufacturer, its authorized agent, or the new motor vehicle dealer for repair of a nonconformity and dividing the product by 120,000, or in the case of a motor home 90,000. (24) 'Replacement motor vehicle' means a new motor vehicle that is identical or at least equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of purchase or execution of the lease. (25) 'Serious safety defect' means a life-threatening defect or a malfunction that impedes the consumer's ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. (26) 'Superior court' means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing was conducted pursuant to this article. (27) 'Warranty' means any manufacturer's express warranty or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle to a consumer concerning the vehicle's materials, workmanship, operation, or performance which becomes part of the basis of the bargain. The term shall not include any extended coverage purchased by the consumer as a separate item or any statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relate to the nature of the material or workmanship and affirm or promise that such material or workmanship is free of defects or will meet a specified level of performance.

10-1-783. (a) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer. The owner's manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle. A manufacturer shall also provide all applicable manufacturer's written warranties to the new motor vehicle dealer, who shall transfer the

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owner's manual and all applicable manufacturer's written warranties to the consumer at the time of purchase or vehicle acquisition. (b) At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator and shall contain information regarding the procedures and remedies under this article. (c) By October 1 of each year, the manufacturer shall forward to the administrator one copy of the owner's manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owner's manuals and express warranties for other models of the same make are substantially the same, submission of the owner's manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection. (d) Each time the consumer's new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection, or test drive; a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor. (e) Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's representative regarding inspection, diagnosis, or test drive of the consumer's new motor vehicle.

10-1-784. (a)(l) If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period: (A) A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected; (B) The same nonconformity has been subject to repair three times, and the nonconformity has not been corrected; or (C) The vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days.

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If the vehicle is being repaired by the manufacturer through an authorized agent or a new motor vehicle dealer on the date that the lemon law rights period expires, the lemon law rights period shall be extended until that repair attempt has been completed.
(2}(A) If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a nonconformity after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owner's manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity. (B) By not later than the close of business on the seventh day following receipt of notice from the consumer, the manufacturer shall notify the consumer of the location of a repair facility that is reasonably accessible to the consumer. By not later than the close of business on the fourteenth day following the manufacturer's receipt of notice, the consumer shall deliver the nonconforming new motor vehicle to the designated repair facility. (C) If the manufacturer fails to notify the consumer of the location of a reasonably accessible repair facility within seven days of its receipt of notice, or fails to complete the final attempt to repair and correct the nonconformity with the 28 day time period, the requirement that it be given a final attempt to repair and correct the nonconformity shall not apply. However, if the consumer delivers the nonconforming new motor vehicle to the designated repair facility more than 14 days from the date the manufacturer receives notice from the consumer, the 28 day time period shall be extended and the manufacturer shall have 14 days from the date the nonconforming new motor vehicle is delivered to the repair facility to complete the final attempt to repair and correct the nonconformity. (3) No manufacturer, its authorized agent, or new motor vehicle dealer may refuse to diagnose or repair any alleged nonconformity for the purpose of avoiding liability under this article. (b)(1) If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a nonconformity after the final attempt, or if a vehicle has been out of service by reason of repair of one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle. (2)(A) If a consumer who is a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the lessor an amount equal to all charges that the lessor will incur as a result of the

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replacement transaction and shall pay the lessee an amount equal to all incidental costs that have been incurred by the lessee plus all charges that the lessee will incur as a result of the replacement transaction. If a lessee elects to receive a replacement motor vehicle, all terms of the existing lease agreement or contract shall remain in force and effect, except that the vehicle identification information contained in the lease agreement or contract shall be changed to conform to the vehicle identification information of the replacement vehicle. (B) If a consumer who is not a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the consumer an amount equal to all incidental costs incurred by the consumer plus all charges that the consumer will incur as a result of the replacement transaction. (3)(A) If a consumer who is a lessee elects a repurchase, the manufacturer shall pay to the lessee an amount equal to all payments made by the lessee under the lease agreement or contract, including, but not limited to, the lessee cost, plus all incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. The manufacturer shall pay to the lessor an amount equal to 110 percent of the adjusted capitalized cost ofthe nonconforming new motor vehicle. After the lessor has received payment from the manufacturer as specified in this subparagraph and payment from the consumer of all past due charges, if any, the consumer shall have no further obligation to the lessor. (B) If a consumer who is not a lessee elects a repurchase, the manufacturer shall pay to the consumer an amount equal to the purchase price ofthe nonconforming new motor vehicle plus all collateral charges and incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. Payment shall be made to the consumer and lienholder of record, if any, as their interests may appear on the records of ownership.

10-1-785. (a)(!) If a manufacturer does not replace or repurchase a nonconforming new motor vehicle after being requested to do so under subsection (b) of Code Section 10-1-784, the consumer may move to compel replacement or repurchase by applying for arbitration pursuant to Code Section I0-1-786. However, if a manufacturer has established an informal dispute settlement mechanism which the administrator has certified as complying with the provisions and rules of this article, the consumer shall be eligible to apply for arbitration only after submitting a dispute under this article to the informal dispute settlement mechanism. (2) A consumer must file a claim with the manufacturer's certified informal dispute settlement mechanism no later than one year after expiration of the lemon law rights period. (3) After a decision has been rendered by the certified informal dispute settlement mechanism, the consumer is eligible to apply for arbitration pursuant to Code Section I 0-1-786.

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(4) If a decision is not rendered by the certified informal dispute settlement mechanism within 40 days of filing, the requirement that the consumer submit his or her dispute to the certified informal dispute settlement mechanism shall not apply and the consumer is eligible to apply for arbitration under Code Section I0-1-786. (b) Certified informal dispute settlement mechanisms shall be required to take into account the principles contained in and any rules promulgated under this article and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, and reimbursement for collateral charges and incidental costs. For purposes ofthis Code section, the phrase 'take into account the principles contained in and any rules promulgated under this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so. (c) A certified informal dispute settlement mechanism shall keep such records as prescribed by the administrator in rules promulgated under this article and shall allow the administrator, without notice, to inspect and obtain copies of the records. Copies of any records requested by the administrator shall be provided promptly to the administrator at no cost. (d) A manufacturer may apply to the administrator for certification of its informal dispute settlement mechanism. The administrator may, in his or her discretion, impose requirements on an informal dispute settlement mechanism in order for it to be certified. Within a reasonable time following receipt ofthe application, the administrator shall certify the informal dispute settlement mechanism or notify the manufacturer of the reason or reasons for denial of the requested certification. (e) At any time the administrator has reason to believe that a certified informal dispute settlement mechanism is no longer in compliance with this article, he or she may notify the manufacturer ofintent to revoke the informal dispute settlement mechanism's certification. The notice shall contain a statement of the reason or reasons for the revocation. (f) The manufacturer shall have ten days from its receipt of notice of denial of requested certification or notice of intent to revoke certification to submit a written request for a hearing to contest the denial or intended revocation. If a hearing is requested, it shall be held within 30 days ofthe administrator's receipt of the hearing request. The hearing shall be conducted by the Office of State Administrative Hearings following the procedures set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No representation shall be made to a consumer that his or her dispute must be submitted to an informal dispute settlement mechanism that is not certified by the administrator pursuant to this Code section.

I 0-1-786. (a) A consumer shall request arbitration by filing a written application for arbitration with the administrator. The application must be filed no later than one year from the date of

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expiration of the lemon law rights period or 60 days from the conclusion of the certified informal dispute settlement mechanism's proceeding, whichever occurs later.
(b)(1) After receiving an application for arbitration, the administrator shall determine whether the dispute is eligible for arbitration. Manufacturers shall be required to submit to arbitration under this article ifthe consumer's dispute is deemed eligible for arbitration by the administrator. Disputes deemed eligible for arbitration shall be assigned to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789.
(2)(A) A consumer whose dispute is determined to be ineligible for arbitration by the administrator may appeal the determination ofineligibility to an arbitrator or arbitrators appointed pursuant to Code Section I0-1-789. (B) If the arbitrator or arbitrators determine that the consumer's dispute is eligible for arbitration, the arbitrator or arbitrators shall retain jurisdiction and the consumer's dispute shall proceed in accordance with this Code section. (C) If the arbitrator or arbitrators determine that the consumer's dispute is not eligible for arbitration, a written decision shall be prepared and sent to the consumer and manufacturer by certified mail, return receipt requested. (D) The decision of ineligibility may be appealed by the consumer under the provisions set forth in subsection (a) of Code Section 10-1-787. On appeal, the court shall consider only the issue of eligibility for arbitration. (3) If the court finds that a consumer's appeal from a determination of ineligibility is frivolous or has been filed in bad faith or for the purpose of harassment, the court may require the consumer to pay to the administrator all costs incurred as a direct result ofthe appeals from the administrator's determination of ineligibility. (c) A lessee shall notify the lessor of the pending arbitration, in writing, within ten days of the lessee's receipt of notice that a dispute has been deemed eligible for arbitration and shall provide to the arbitrator or arbitrators proof that notice was given to the lessor. Within ten days of its receipt of notice from the lessee, a lessor may petition the arbitrator or arbitrators to be a party to the arbitration proceeding. (d) The arbitrator or arbitrators shall make every effort to conduct the arbitration hearing within 40 days from the date the dispute is deemed eligible for arbitration. The hearing shall be held at a location that is reasonably convenient to the Georgia consumer. Failure to hear the case within 40 days shall not divest authority of the arbitrator or arbitrators to hear the dispute or void any decision ultimately rendered. (e) If the arbitrator or arbitrators determine: (1) That a reasonable number of attempts has been undertaken to repair and correct the nonconformity and that the manufacturer was given the opportunity to make a final attempt to repair and correct the nonconformity and was unable to correct it; or (2) That a new motor vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days within the lemon law rights period, the consumer shall be awarded replacement or repurchase of the new motor vehicle as provided under Code Section 10-1-784. The arbitrator or arbitrators also may award

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attorney's fees and technical or expert witness fees to a consumer who prevails. (f) The decision of the arbitrator or arbitrators shall be in writing, be signed, and contain findings of fact and conclusions oflaw. The original signed decision shall be filed with the administrator and copies shall be sent to all parties. The filing of the decision with the administrator constitutes entry of the decision. (g) A decision of the arbitrator or arbitrators that has become final under the provisions of subsection (a) of Code Section 10-1-787 may be filed with the clerk of the superior court, shall have all the force and effect of a judgment or decree ofthe court, and may be enforced in the same manner as any other judgment or decree. (h) No arbitrator may be required to testify concerning any arbitration and the arbitrator's notes or other records are not subject to discovery. This provision does not extend to testimony or documents sought in connection with legal claims brought against an arbitrator arising out of an arbitration proceeding.

10-1-787. (a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financia11oss due to the passage of time for review. (c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator's award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney's fees, and court costs. (d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the administrator may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and l 0-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer's control or that a delay was acceptable to the consumer.

10-1-788. The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article.

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10-1-789. (a) The administrator shall establish a new motor vehicle arbitration panel to resolve disputes between consumers and manufacturers arising under this article. The administrator, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this article or by appointing individuals to serve as panel member arbitrators. An arbitrator shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia or shall have at least two years' experience in professional arbitration or dispute resolution. No arbitrator shall be affiliated with or involved in the manufacture, distribution, sale, lease, or servicing of motor vehicles. (b) Panel member arbitrators and entities that contract with the administrator to provide arbitration services shall be compensated for time and expenses at a rate to be determined by the administrator. (c) Each arbitration proceeding shall be conducted by either one or three arbitrators, each of whom is to be assigned by the administrator or contracted entity. (d) Neither the administrator, an entity with which the administrator has contracted, nor any arbitrator shall be civilly liable for any decision, action, statement, or omission made in connection with any proceeding under this article, except in circumstances where the decision, action, statement, or omission was made with malice or gross negligence.

10-1-790. (a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the administrator of the proposed sale or:
(1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and (2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first. A knowing violation ofthis subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399. (b) The manufacturer shall have 30 days to notify the administrator that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the vehicle year, make, model, and identification

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number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee. (c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section. (d) Manufacturers shall use forms approved by the administrator. The forms shall contain the information required under this Code section and any other information the administrator deems necessary for implementation of this Code section.

10-1-791. (a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarter's collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April! for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs. (b) The administrator appointed pursuant to subsection (g) of Code Section I0-1-395 shall have the power to enforce the provisions of this Code section. The administrator's enforcement power shall include:
(1) The authority to investigate alleged violations through use of all investigative powers available under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act'; and (2) The authority to initiate proceedings, pursuant to Code Section I0-1-397, in the event of a violation of this Code section. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of$2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction. The provisions of Code Sections 10-1-398, 10-1-398.1, 10-1-402, and 10-1-405 shall apply to proceedings initiated by the administrator under this Code section.

10-1-792. (a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or

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vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section I0-1-790, shall be entitled to an award of reasonable attorney's fees and expenses of litigation incurred in connection with such proceeding. (b) The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the 'Georgia Motor Vehicle Franchise Practices Act.'

I 0-1-793. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practice Act'; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and, except as provided in subsection (a) of Code Section I 0-1-790, shall not be enforceable through private action under Code Section 10-1-399. (b) Except as otherwise provided, this article is cumulative with other laws and is not exclusive. The rights and remedies provided for in this article shall be in addition to any other rights and remedies that are otherwise available to a consumer under any other law.

10-1-794. All administrative staffhired by the administrator to aid in the administration ofthis article shall be in the unclassified service and compensated at a salary determined by the administrator.

10-1-795. The administrator shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the administrator pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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10-1-796. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

10-1-797. Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy."

SECTION 2. Code Section I0-1-795 as enacted by this Act shall become effective on this Act's approval by the Governor or upon its becoming law without such approval; the remaining provisions of this Act shall become effective January I, 2009.

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

Approved May 14, 2008.

EDUCATION- IN-STATE TUITION; ELIGIBLE SCHOOL; RESIDENCY; CAP HOURS.
No. 697 (Senate Bill No. 492).
AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to add an additional accrediting entity to the definition of the term "eligible high school"; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; to provide that postsecondary level course hours taken prior to high school graduation will count towards hourly caps under certain conditions; to provide that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows:
0 20-3-66. (a) As used in this Code section, the term:
(I) 'Dependent student' means an individual under the age of24 who receives financial support from a parent or United States court appointed legal guardian. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State ofGeorgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)( I) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and:
(A) The student has graduated from a Georgia high school; or (B) The parent claimed the student as a dependent on the parent's most recent federal or state income tax return. (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a

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period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State ofGeorgia after having established and maintained domicile in the State ofGeorgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board ofregents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification."

SECTION 2. Said chapter is further amended by revising paragraph (6) ofCode Section 20-3-519, relating to definitions applicable to HOPE scholarships and grants, as follows:
'(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional or state accrediting entities: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) TheNorth Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; (viii) The Southern Association oflndependent Schools; or (ix) The Florida Council of Independent Schools."

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SECTION 3. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, 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: (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department ofTechnical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements ofCode Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded.
Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study 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) ofCode 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 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; 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: (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department ofTechnical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a part-time student and has maintained part-time student status for three consecutive quarters or semesters; and

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(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: (I) Meet residency requirements by: (A) Meeting the requirements to be classified as a legal resident of Georgia u established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department ofTechnical and Adult Education; and
(B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements ofCode Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (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 ofstudy prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or 1 first professional degree at a public postsecondary institution shall: (I) Meet residency requirements by: (A) 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

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regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and
(B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (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 ofcoursework 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

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one ofthe 45, 90, or 135 quarter hour grade point average checkpoints or at one ofthe 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (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 (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 of 225 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. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the student's eligible postsecondary institution for credit when the student enters as a freshman. (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. (2) Effective beginning with the fall quarter or semester commencing after July I, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January I, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) ofthis subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 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.'

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SECTION 4. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, 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:
(I) Meet residency requirements by: (A) 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; and (B){i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements ofCode Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded.
Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; 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

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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; 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: (I) Meet residency requirements by: (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (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 ofthe 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 ofthree 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

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(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 of the institution's drop and add period. (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: (1) Meet residency requirements by: (A) 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; and
(B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (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 ofthe 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 ofstudy prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day 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:

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(1) Meet residency requirements by: (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded;
(2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a 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 of the institution's drop and add period. (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 the 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

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student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a 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 a-verage of at least 3.0 at one ofthe 45, 90, or 135 quarter hour grade point average checkpoints or at one ofthe 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (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 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 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. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the student's eligible postsecondary institution for credit when the student enters as a freshman. (g)(l) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July I, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year.'

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SECTION 4A. Said chapter is further amended by adding a new paragraph (5.I) and revising paragraph (7) of Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants, as follows:
' (5.I) 'Dual credit enrollment' means enrollment by a student in a postsecondary course in which an agreement has been established between an eligible high school and an eligible postsecondary institution wherein the student earns Carnegie units of credit that count toward both high school graduation requirements and postsecondary coursework requirements.' '(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; (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 .'

SECTION 4B. Said chapter is further amended by revising subsection (e) of Code Section 20-3-519.5, relating to eligibility for HOPE grants at a branch of the Georgia Department of Technical and Adult Education, as follows:
'(e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this subsection, attempted hours shall not include hours for courses taken and paid for by a HOPE grant while a student is participating in dual credit enrollment with both an eligible high school and a branch of the Department of Technical and Adult Education or a unit of the University System of Georgia. The Department of Technical and Adult Education or the University System of Georgia, as applicable, shall verify that the student is enrolled in an eligible high school and shall notify the Georgia Student Finance Commission of the student's participation in dual credit enrollment.'

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

Approved May 14, 2008.

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REVENUE- SALES TAX EXEMPTION; DURABLE MEDICAL EQUIPMENT; PROSTHETIC DEVICES.

No. 698 (House Bill No. 1078).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding exemptions with respect to sales of certain durable medical equipment or prosthetic devices; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 ofthe Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by revising paragraphs (54) and (54.1) as follows:
'(54) The sale or use of any durable medical equipment or prosthetic device prescribed by a physician;'

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

Approved May 14, 2008.

ALCOHOL-FARM WINERIES; LICENSING; SALES; WINE CONTENT REQUIREMENTS.
No. 699 (House Bill No. 393).
AN ACT
To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to change certain provisions relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes; to define certain terms; to change certain provisions relating to sale by farm wineries of wines, distilled spirits, and malt beverages on

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or contiguous to its own premises; to repeal certain prov1s10ns relating to content requirements for wines manufactured by domestic and farm wineries and rules and regulations designed for enforcement of such requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, is amended by revising Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, as follows:
"3-6-21.1. (a) As used in this Code section, the term:
(I) 'Farm winery' means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and
(A) Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production. For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such winery premises or agricultural produce. (2) 'Georgia farm winery' means a farm winery which is licensed by the commissioner to manufacture wine in Georgia. (3) 'Tasting room' means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee. (b) The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in the state for consumption on the premises and in closed packages for consumption off the premises. (c)(!) The commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per calendar year of its wine at wholesale within the state; provided, however, that the commissioner shall not authorize any licensed farm winery to sell its wine at wholesale unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler and such wholesaler does not accept the farm winery's product within 30 days of such offer. (2) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with regulations of the

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commissioner, to Georgia farm winery licensees and shall be authorized to acquire and receive deliveries and shipments of such wine made by Georgia farm winery licensees. (3) A Georgia farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 20 percent of its annual production, provided that the Georgia farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner. (4) Any wine received in bulk pursuant to paragraph (3) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. (d) The annual license tax for each license issued pursuant to this Code section shall be $50.00. (e) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries. (f) Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.'

SECTION 2. Said article is further amended by revising Code Section 3-6-21.3, relating to sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises, as follows:
'3-6-21.3. (a) As used in this Code section, the term:
(I) 'Affiliate' means any person controlling, controlled by, or under common control with a farm winery. (2) 'Farm winery' means a farm winery as defined in Code Section 3-6-21.1 that is located in Georgia. (3) 'Tasting room' has the meaning provided by Code Section 3-6-21.1. (b)(l) Notwithstanding any other provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine and the wine of any other farm winery licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits,

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malt beverages, and wines not produced by a farm winery for consumption in its tasting rooms and at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices.'

SECTION 3. Said article is further amended by revising Code Section 3-6-29, relating to the content requirements for wines manufactured by domestic and farm wineries and rules and regulations designed for enforcement of such requirements, as follows:
3-6-29. Reserved.'

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

Approved May 14, 2008.

STATE GOVERNMENT- PUBLIC OFFICERS - STATE PURCHASES; CREDIT, CHARGE, OR DEBIT CARDS; PROHIBIT PERSONAL GAIN; VIOLATIONS.
No. 700 (House Bill No. 1113).
AN ACT
To amend Part I of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, is amended by revising Code Section 50-5-80, relating to personal purchases or sales through the department for individual ownership, all department purchases remaining state property, penalty, and applicability, as follows:
'50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards.
(c)(l) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value ofless than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of$500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made. (d)(l) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00 ifthe unlawfully purchased goods, services, or other things of value are valued in the aggregate of less than $500.00. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made.

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(2) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination ofstate employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education.'

SECTION 2. Said part is further amended by adding a new Code section to read as follows:
'50-5-83. (a) As used in this Code section, the term:
(1) 'Department' means the Department of Administrative Services. (2) 'Purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such departments or agencies or the state. (b) Any purchasing card program established by the department or by any other department or agency of the state shall conform to the following requirements: ( 1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendor's name, the item purchased, the date of the purchase, the amount ofthe purchase, the name of the employee making the purchase, and any other information that shall be specified by the department; (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly;

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(6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy;
(7) Purchasing cards shall not be used to purchase gift cards; (8) Purchasing cards shall not be used to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; (9) The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (1 0) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (11) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least I0 percent by December 31, 2009; (12) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; (13) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (14) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (15) With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: (I) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or (4) Retains for such employee's personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall

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be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (d) An employee's supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (e) The department is authorized to promulgate such rules and regulations as necessary to implement this Code section.'

SECTION 3. Article 2 ofChapter 7 of Title 45, relating to reimbursement expenses for public officers and employees, is amended by revising Code Section 45-7-32 of the Official Code of Georgia Annotated, relating to reimbursement for expenses of lodging and airfare and penalty for violations, as follows:
"45-7-32. (a) It shall be unlawful for any person to use any travel advance received from public funds, for nongovernmental purposes or to submit or approve, knowingly or through willful and wanton neglect, a fraudulent request to the state for reimbursement of expenses. (b) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves, knowingly or through willful and wanton neglect, a fraudulent request for reimbursement of expenses, valued in the aggregate at less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. (c) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves knowingly, or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at $500.00 or more shall be guilty of a felony which shall be punishable by

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not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of such misappropriated travel advances or fraudulent reimbursement payments, whichever is greater. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made.'

SECTION 4. For the purpose of promulgating rules and regulations, policies, procedures, and manuals, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July I, 2008, and shall apply to all transactions occurring on and after such date.

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

Approved May 14, 2008.

ELECTIONS- STATE ELECTION BOARD; MUNICIPAL ELECTION SUPERINTENDENTS; CONGRESSIONAL REPRESENTATIVE SPECIAL ELECTION; EXTRAORDINARY CIRCUMSTANCES.
No. 706 (House Bill No. 1112).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for meetings of the State Election Board under certain circumstances; to provide for the promulgation of rules and regulations by the State Election Board; to amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying

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fees to candidates; to provide that certain information about electors shall be made available to certain state agencies; to provide that the Secretary of State may obtain certain felony conviction information; to provide for the making of application for absentee ballot in the event of extraordinary circumstances; to provide for the determination of eligibility; to remove certain requirements as to the oaths or declarations of assisted electors; to repeal certain requirements as to identification of campaign literature; to revise certain provisions related to voter identification cards; to revise certain provisions relating to interference with primaries and elections; to provide for the issuance of a writ of election in extraordinary circumstances; to revise certain provisions relating to interference with and the influencing of electors; to revise provisions relating to voting by unqualified electors; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (e) of Code Section 21-2-30, relating to the State Election Board, as follows:
'(e) Meetings shall be held whenever necessary for the performance of the duties of the board on call of the chairperson or whenever any two of its members so request. Minutes shall be kept of all meetings of the board and a record kept of the vote of each member on all questions coming before the board. The chairperson shall give to each member of the board prior notice of the time and place of each meeting of the board."

SECTION 2. Said title is further amended by revising Code Section 21-2-31, relating to the duties of the State Election Board, as follows:
'21-2-31. It shall be the duty of the State Election Board:
(1) To promulgate rules and regulations so as to obtain uniformity in the practices and proceedings of superintendents, registrars, deputy registrars, poll officers, and other officials, as well as the 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 of each 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;

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(4) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary 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 ofprimary 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 of primaries 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.'

SECTION 3. Said title is further amended by revising paragraph (14) of Code Section 21-2-70, relating to the powers and duties of municipal election superintendents, as follows:
(14) To become certified by satisfactorily completing a certification program as set forth in Code Section 21-2-101; and'

SECTION 4.

Said title is further amended by revising Code Section 21-2-70.1, relating to the completion

of the certification program by municipal superintendents, board of elections, or election

board designee, as follows:

'21-2-70.1.

(a) The municipal superintendent shall conduct, in accordance with this chapter, all

municipal elections held within his or her municipality.



(b) The municipal superintendent shall be a person or committee selected by the governing

authority of the municipality in a public meeting, and such selection shall be recorded in

the minutes of such meeting. The municipal superintendent shall receive compensation

fixed and paid by the governing authority of the municipality from municipal funds. The

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appointment shall be made in a public meeting, and the appointment shall be recorded in the minutes of said meeting. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any primary or election in which such candidate's name appears on the ballot.'

SECTION 5. Said title is further amended by revising Code Section 21-2-101, relating to certification program for election superintendents or election board designee and waiver of certification, as follows:
'21-2-101. (a) All county and municipal election superintendents or, in the case of a board ofelections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than December 31 of the year in which they are appointed. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment, the operation of the voting equipment used in such superintendent's jurisdiction, and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent's or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before December 31 of the year in which such superintendents or designees arc appointed and shall not exceed 64 hours ofclassroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) Any county or municipal election superintendent appointed prior to January 1, 2008, who has not met the certification requirement shall complete a certification program approved by the Secretary of State by no later than December 31, 2008.
(c)(l) A full, partial, or conditional waiver of the certification requirement may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (2) In the event that a municipality authorizes a county to conduct its elections pursuant to Code Section 21-2-45, the municipality may be granted by the Secretary of State, in the discretion ofthe Secretary of State, a waiver ofthe certification requirement, provided that the superintendent in charge of running the municipal election shall have previously completed a certification program approved by the Secretary of State and has demonstrated a proficiency in the operation of the voting equipment used in said municipality.

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(d) A superintendent and the county or municipal governing authority which employs such superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."

SECTION 6. Said title is further amended by revising subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, affidavit, and payment of qualifying fee, as follows:
'(d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(I) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent ofhis or her county no earlier than 9:00A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and
(4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence

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address, and the office he or she is seeking, with the Office of the Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy:
(i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30A.M. until 4:30P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period.'

SECTION 7. Said title is further amended by revising subsections (a), (b), and (e) of Code Section 2 I-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificates, as follows:
(a)(l) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. If the ballots have been printed, the Secretary of State, the county superintendent, or the municipal superintendent may reprint the ballots to omit the name ofthe withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate or the withdrawal of a candidate as provided in paragraph (2) of subsection (b) of this Code section. (2) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized

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affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. If the ballots have been printed, the Secretary of State, the county election superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. (b)( I) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
(A) In the case of a public office to be filled by the vote of the electors of this entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county ofthis state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of this state according to the last United States decennial census or upon the number of votes cast within this state for the party's candidates for presidential electors in the last presidential election. A two-thirds majority ofthe delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote, and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote ofthe electors ofthe entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day

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following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereofappointed for that purpose; (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose ofdetermining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult; and (D) In the case of a public office for which a candidate must qualify with the municipal executive committee, the nomination may remain vacant or may be filled at the decision

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of the municipal executive committee of the party. The decision whether to fill such vacancy shall be made by the municipal executive committee by 4:00P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the municipal executive committee shall be immediately transmitted to the municipal superintendent. If the municipal superintendent has not been notified of the decision of the municipal executive committee by 4:30P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the municipal executive committee has decided not to fill the vacancy. Ifthe municipal executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the municipal executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the municipal executive committee or a subcommittee thereof appointed for that purpose. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), (C), or (D) of paragraph (I) of this subsection, as appropriate. (3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the date of the election shall not be filled. Ifthe ballots have been printed, the Secretary of State, the county superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted.' (e) The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close ofthe qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification.'

SECTION 8. Said title is further amended by revising subsection (b) of Code Section 21-2-225, relating to limitations on registration data available for public inspection, as follows:
'(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection

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(c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the date of birth, the social security numbers, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other state agencies if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential.

SECTION 9. Said title is further amended by revising subsections (a) and (d) of Code Section 21-2-231, relating to lists of persons convicted of felonies, as follows:
'(a) Unless otherwise notified by the Secretary of State, the clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in that county. The Secretary of State may, by agreement with the commissioner of the Department of Corrections, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies involving moral turpitude. Additionally, the Secretary ofState shall be authorized to obtain such criminal information relating to Georgia electors convicted of felonies involving moral turpitude, if posslble, from other states.' '(d) Unless otherwise notified by the Secretary of State, the local registrar ofvital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. Additionally, the Secretary of State is authorized to obtain such lists ofdeceased Georgia electors, if possible, from other states.'

SECTION 10. Said title is further amended by revising subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, by adding a new paragraph to read as follows:
'(4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote

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under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election."

SECTION 11. Said title is further amended by revising Code Section 21-2-409, relating to assisting electors who cannot read English or who have disabilities, 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)(l) 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 such elector's employer or agent of that employer or officer or agent of such 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:
(A) 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 (B) The mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or attendant care provider ofthe elector entitled to receive assistance to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate shall 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

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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.'

SECTION 12. Said title is further amended by revising Code Section 21-2-415, relating to requirements as to identification of campaign literature, unauthorized use of another's name in connection with campaign material, and penalty, as follows:
'21-2-415. Reserved.'

SECTION 13. Said title is further amended by revising Code Section 21-2-417 .I, relating to voter identification cards, as follows:
'21-2-417 .I. (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 ofthis 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 of residence; (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 (10) Such other information or identification as required by rule of the State Election Board.

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(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 persons 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 (4) Documentation showing the person's name and address of principal residence. (f) 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 of Georgia to surrender his or her card to the board of registrars of the 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 Secretary of State 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) Without in any way limiting the authority of the Secretary of State under subsection (g) of this Code section, 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 14. Said title is further amended by revising Code Section 21-2-419, relating to validation of provisional ballots, by adding a new subsection to read as follows:
'(e) The board of registrars shall complete a report in a form designated by the Secretary of State indicating the number of provisional ballots cast and counted in the primary or election.'

SECTION 15. Said title is further amended by adding a new Code section to read as follows:

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'21-2-543.1. In extraordinary circumstances, where the Speaker of the House of Representatives in the United States Congress announces that there are more than 100 vacancies in the federal House of Representatives, the Governor shall issue, within five days after the speaker announces that such number of vacancies exist, a writ of election to the Secretary of State for a special election to fill any such vacancy from this state, which election shall be held on the date named in the writ, which shall not be more than 49 days after the speaker announces that such number of vacancies exists.'

SECTION 16. Said title is further amended by revising Code Section 21-2-566, relating to interference with primaries and elections generally, as follows:
'21-2-566. Any person who:
(I) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter; (2) Uses or threatens violence in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of a poll officer's duties; (3) Willfully blocks or attempts to block the avenue to the door of any polling place; (4) Uses or threatens violence in a manner that would prevent a reasonable elector from voting or actually prevents any elector from voting; (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be; (6) Knowingly deposits fraudulent ballots in the ballot box; (7) Knowingly registers fraudulent votes upon any voting machine; or (8) Willfully tampers with any electors list, voter's certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, or tabulating machine shall be guilty ofa felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both.'

SECTION 17. Said title is further amended by revising Code Section 21-2-567, relating to intimidation of electors, as follows:
'21-2-567. (a) Any person who uses or threatens to use force and violence, or acts in any other manner to intimidate any other person, to:

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795

(1) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or (2) Place or refrain from placing his or her name upon a register of electors shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both. (b) As used in this Code section, the term 'acts in any other manner to intimidate' means to undertake or pursue a knowing and willful course of conduct which causes emotional distress by placing another person in reasonable fear for such person's safety or for the safety of another person and which serves no legitimate purpose.'

SECTION 18. Said title is further amended by revising subsection (a) of Code Section 21-2-568, relating to entry into voting compartment or booth while another is voting, interfering with elector, inducing elector to reveal or revealing elector's vote, and influencing voter while assisting, as follows:
'(a) Any person who knowingly: (I) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; or (4) Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding
shall be guilty of a felony.'

SECTION 19. Said title is further amended by revising Code Section 21-2-573, relating to absentee voting by unqualified elector, as follows:
'21-2-573. Any person who votes or attempts to vote by absentee ballot at any primary or election under Article I0 of this chapter who knows that he or she is not qualified to vote shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both.'

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SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2008.

PROPERTY- SETTLEMENT FUNDS; DISBURSEMENT WHEN NOT COLLECTED.
No. 707 (Senate Bill No. 355).
AN ACT
To amend Article I of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 I. Article I of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, is amended by revising subsections (c) and (d) of Code Section 44-14-13, relating to disbursement of settlement proceeds, as follows:
'(c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. A settlement agent may disburse settlement proceeds from its escrow account after receipt of any of the following negotiable instruments even though the same are not collected funds:
(1) A cashier's check, as defined in subsection (g) of Code Section 11-3-104, from a federally insured bank, savings bank, savings and loan association, or credit union and issued by a lender for a closing or loan transaction, provided that such funds are immediately available and cannot be dishonored or refused when negotiated or presented for payment;

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(2) A check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the check will constitute collected funds in the settlement agent's escrow account within a reasonable period; (3) A check issued by the United States of America or any agency thereof or the State ofGeorgia or any agency or political subdivision, as such term is defined in Code Section 50-15-1, of the State of Georgia; or (4) A check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes ofthis Code section, the instruments described in paragraphs (I) through (4) of this subsection are negotiable instruments if they are negotiable in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent in the form of collected funds or in the form of a negotiable instrument described in subsection (c) of this Code section; provided, however, that in the case of refinancing, or any other loan where a right ofrescission applies, the lender shall, prior to the disbursement of the settlement proceeds and no later than II :00 A.M. eastern standard time or eastern daylight time, whichever is applicable, of the next business day following the expiration ofthe rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.), deliver loan funds to the settlement agent in one or more of the forms set forth in this Code section.'

SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all loans closed on or after July I, 2008.

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

Approved May 14, 2008.

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EDUCATION-DAY-CARE CENTER; EXCLUDE CERTAIN PRIVATE SCHOOLS.

No. 708 (House Bill No. 1169).

AN ACT

To amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; 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 20-1 A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, is amended by revising paragraph (4) as follows:
'(4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age; provided, however, that this term shall not include a private school which provides kindergarten through grade 12 education, meets the requirements of Code Section 20-2-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and which provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only.'

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

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

799

EDUCATION -GRANTS; ELIGIBILITY.

No. 709 (House Bill No. 311).

AN ACT

To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise certain definitions; to provide a time period for the application for grants and the termination of grant eligibility; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subparagraphs (C) and (D) of paragraph (2) and paragraph (5) as follows:
'(C) Is a surviving spouse of a deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who was killed or sustained a 100 percent disability in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service; or (D) Is a surviving spouse of a deceased member of a reserve component of the armed forces of the United States who was killed or sustained a I00 percent disability in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service.' (5) 'Qualifying term of service' means deployment overseas for active service on or after February I, 2003, 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 cumulative period of at least 181 days or, in the case of an individual who is killed or receives a I00 percent disability as a result of injuries received in such combat zone, any period oftime 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. Said subpart is further amended by revising Code Section 20-3-486, relating to grants to eligible students, as follows:
'20-3-486. (a) There is granted to each eligible student under subparagraph (A) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant

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for a maximum of four award years in the sum of $2,000.00 per award year. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for grants under this subsection must be made before July I, 20 I0, or within two years after the date the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the date the student becomes eligible. (b) There is granted to each eligible student under subparagraph (B) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for one award year for each period of 181 cumulative days that his or her parent was deployed overseas on active service on or after February I, 2003, to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone; provided, however, that a student whose parent was killed or received a I00 percent disability as a result of injuries received in such combat zone shall receive up to a maximum of four award years regardless of the time such student's parent was on active service in such combat zone. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for grants under this subsection must be made before July I, 2010, or within two years after the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the student becomes eligible. (c) There is granted to each eligible student under subparagraph (C) or (D) of paragraph (2) of Code Section 20-3-485 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for four award years. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. Applications for the initial grant under this subsection must be made before July I, 2010, or not later than two years following the death of the spouse, whichever is later, and no grant shall be issued later than six years after the initial grant is issued. (d) Grant assistance to eligible students under this subpart shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly.'

SECTION 3. This Act shall become effective on July I, 2008.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

801

JOINT COMMERCIAL SEXUAL EXPLOITATION OF MINORS STUDY COMMISSION.

No. 710 (Senate Resolution No. 445).

A RESOLUTION

Creating the Joint Commercial Sexual Exploitation ofMinors Study Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.

WHEREAS, across the State of Georgia, children are being forced to engage in prostitution, escort services, stripping, pornography, and other forms of commercial sexual exploitation; and

WHEREAS, Georgia, especially the metropolitan Atlanta area, has become a hub for child sexual exploitation, with children trafficked from around the state, from other states, and from other countries; and

WHEREAS, children between the ages of 11 and 16, but as young as ten, are being marketed to adults for sex; and

WHEREAS, victims of commercial sexual exploitation often suffer extreme conflicts in the home, parental neglect, physical or sexual abuse, homelessness, poverty, housing instability, educational failure, emotional problems, running away, and other social ills that lead to their recruitment into prostitution; and

WHEREAS, children who are commercially sexually exploited often become victims of rape, assault, robbery, and murder and are at greater risk for drug and alcohol abuse, depression, suicide attempts, post-traumatic stress disorder (PTSD) and other psychiatric disorders, developmental and social delays, unplanned pregnancy, and sexually transmitted disease (STD) and HIV infection; and

WHEREAS, children who miss or drop out of school and become victimized through commercial sexual exploitation are likely to need intensive counseling and other public social services well into adulthood.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Commercial Sexual Exploitation of Minors Study Commission to be composed of 12 members. The President of the Senate shall appoint three members of the Senate as members of the commission and shall designate one of such

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members as cochairperson. The Speaker of the House ofRepresentatives shall appoint three members ofthe House ofRepresentatives as members ofthe commission and shall designate one of such members as cochairperson. One member shall be a local police chief appointed by the Georgia Association of Chiefs of Police. One member shall be a district attorney appointed by the Prosecuting Attorneys' Council of the State of Georgia. One member shall be a juvenile court judge appointed by the Council of Juvenile Court Judges. One member shall be a superior court judge appointed by the Council of Superior Court Judges ofGeorgia. One member shall be a public defender appointed by the Georgia Public Defender Standards Council and one member shall be a representative of child advocacy appointed by the Office of the Child Advocate. The cochairpersons shall call all meetings of the commission.

BE IT FURTHER RESOLVED that the commtssJOn shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. In conducting such study, the commission shall study current law and policy in Georgia and other states and shall elicit views from experts in the fields of child welfare, juvenile justice, social work, mental health, and public health as well as input from child victims and adult survivors of commercial sexual exploitation. The commission shall examine recent policy and social science reports on child commercial sexual exploitation, including, but not limited to, its effect on child well-being and community safety. Also, the commission shall review services that are currently available to this population in Georgia, as well as best practices for serving commercially sexually exploited children from other jurisdictions. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Members of the commission other than legislative members shall receive no compensation for their services on the commission, and they shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any legislative member of the commission for more than five days unless additional days are authorized. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The commission shall stand abolished on January I, 2009.

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

803

MOTOR VEHICLES- TOWED OR IMPOUNDED VEHICLES; INFORMATION; NOTIFICATION.

No. 711 (House Bill No. 945).

AN ACT

To amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records ofcertificates ofregistration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; to amend Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to the duty of persons removing or storing motor vehicles, so as provide for notice provided by the State of Georgia by electronic means; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, is amended by revising paragraphs (3) and (4) and adding a new paragraph (5) in subsection (c) and revising subsection (d) to read as follows:
'(3) The director ofthe Environmental Protection Division of the Department of Natural Resources or his or her designee; (4) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided, further, that the information made available pursuant to this paragraph for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed; and (5) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles. (d) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1) through (5) of subsection (c) of this Code section shall be limited to the natural person's name, address, and driver identification number. The personal information obtained by a business under

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this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates.'

SECTION 2. Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, is amended by revising paragraphs (I) and (2) and adding a new paragraph (3) in subsection (d) and revising subsection (f) to read as follows:
'(d) The motor vehicle records which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (f) of this Code section, the records may be disclosed for use as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:
(1) Any licensed dealer of new or used motor vehicles; (2) Any tax collector, tax receiver, or tax commissioner; and (3) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles.' (f) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1), (2), and (3) of subsection (d) ofthis Code section shall be limited to the natural person's name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent ofthe individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates.'

SECTION 3. Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to the duty of persons removing or storing motor vehicles, is amended by revising subsections (a), (b), and (e) as follows:
'(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner ofthe vehicle or some person acting for the owner is not present, seek the identity of and address of all known owners of such vehicle from the law enforcement officer requesting removal of such, from such

GEORGIA LAWS 2008 SESSION

805

officer's agency, from a local law enforcement agency for the jurisdiction in which the remover's or storer' s place of business is located, or from the State of Georgia by direct electronic access as provided through its agencies and authorities within three business days of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within three business days after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within three business days of the removal of such vehicle and shall seek from the local law enforcement agency or from the State of Georgia by direct electronic access as provided through its agencies and authorities the identity and address of all known owners of such vehicle and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within three business days after receipt of such request.' '(e) If none ofthe owners redeems such motor vehicle as described in subsection (d) ofthis Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice by electronic means as provided by the State of Georgia through its agencies and authorities, in writing, or by sworn statement, on the form prescribed by the state revenue commissioner, to the Department of Revenue with a research fee as fixed by rule or regulation payable to the Department of Revenue, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners of such vehicle. If the form submitted is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form together with an additional research fee as fixed by rule or regulation payable to the Department of Revenue. Each subsequent corrected notice, if required, shall be submitted with an additional research fee as fixed by rule or regulation payable to the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research fees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the remover's or storer's place of business is located in lieu of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Department of Revenue, but in like manner, if such office processes motor vehicle records of the Department of Revenue.'

SECTION 4. This Act shall become effective on July I, 2008.

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

Approved May 14, 2008.

HIGHWAYS- CONSTRUCTION PROJECT BENCHMARKS; PROGRESS REPORTS.
No. 712 (Senate Bill No. 417).
AN ACT
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department ofTransportation, so as to require the commissioner oftransportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; 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 32 ofthe Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows:
'32-2-41.1. (a) The commissioner shall develop and publish benchmarks, based upon the type and scope of a construction project, that detail a realistic time frame for completion of each stage of a construction project, including preliminary engineering and design, environmental permitting and review, and right of way acquisition. (b) The commissioner shall submit an annual report to the Governor, Lieutenant Governor, the Speaker ofthe House ofRepresentatives, and the chairpersons ofthe House and Senate Transportation Committees detailing the progress of every construction project valued at $10 million or more against the benchmarks. This report shall include an analysis explaining the discrepancies between the benchmarks and actual performance on each

GEORGIA LAWS 2008 SESSION

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project as well as an explanation for delays. This report shall also be published on the website of the department. (c) The department shall create and maintain on its website a detailed status report on each project under planning or construction. This status report shall include, but not be limited to, the name and contact information of the project manager, if applicable. (d) Value engineering studies shall be performed on all projects whose costs exceed $10 million, and the commissioner shall submit an annual report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department.'

SECTION 2. This Act shall become effective on July I, 2008.

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

Approved May 14, 2008.

EDUCATION- NATIONALLY NORM-REFERENCED INSTRUMENTS.
No. 713 (House Bill No. 637).
AN ACT
To amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to revise provisions relating to nationally norm-referenced instruments in reading, mathematics, science, and social studies; 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 20-2-281 ofthe Official Code ofGeorgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," is amended by revising subsection (a) as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Each local school system may elect to administer, with state funding, nationally norm-referenced instruments in reading, mathematics, science, or social studies in grade three, four, or five and in grade six, seven, or eight, subject to available appropriations, with assistance to such school systems by the State Board of Education with regard to administration guidance, scoring, and reporting of such assessments. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade II for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.'

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

Approved May 14, 2008.

CRIMES -FALSE IDENTIFICATION DOCUMENTS; PENALTIES.
No. 714 (Senate Bill No. 421).
AN ACT
To amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime; 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:

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SECTION 1. Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, is amended by revising subsection (c) as follows:
'(c)(!) Except as provided in paragraph (2) or (3) of this subsection, any person who violates the provisions of paragraph (1), (3), or (6) of subsection (b) of this Code section shall be guilty of a misdemeanor. (2) Except as provided in paragraph (3) of this subsection, any person who violates the provisions of paragraph (1), (3), or (6) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 or by imprisonment for not more than three years, or both. (3) Except as provided in paragraph (5) ofthis subsection, any person who manufactures, alters, sells, distributes, delivers, receives, possesses, or offers for sale or distribution three or more identification documents in violation ofthe provisions of subsection (b) of this Code section shall be punished by imprisonment for not less than three nor more than ten years, a fine not to exceed $100,000.00, or both. (4) Except as provided in paragraph (3) or (5) ofthis subsection, any person who violates the provisions of paragraph (2), (4), or (5) of subsection (b) of this Code section shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $100,000.00, or both. (5) Any person who is under 21 years of age and violates the provisions of subsection (b) of this Code section for the purpose of the identification being used to obtain entry into an age restricted facility or being used to purchase a consumable good that is age restricted, shall, upon a first conviction thereof, be guilty of a misdemeanor and upon a second or subsequent conviction shall be punished as for a misdemeanor of a high and aggravated nature. (6) Any person convicted of an attempt or conspiracy to violate the provisions of subsection (b) of this Code section shall be punished by imprisonment, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.'

SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all offenses committed on or after that date.

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

Approved May 14, 2008.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EDUCATION -MINORS -PENAL INSTITUTIONS INTERNET ONLINE SAFETY FOR CHILDREN; SEXUAL OFFENDERS AND PROBATIONERS REQUIREMENTS.

No. 715 (Senate Bill No. 474).

AN ACT

To amend Part 2 of Article 6 of Chapter 2 of Title 20, Title 39, Code Section 42-1-12, and Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, minors, the State Sexual Offender Registry, and terms and conditions of probation, respectively, so as to provide greater protection to children with regard to the use of the Internet; to provide for the development and distribution oflnternet online safety education and information; to provide for definitions; to provide for the availability of parental controls over Internet access by minors; to provide for immunity for interactive computer service providers; to provide for the crime of failing to report certain information to the Cyber Tipline at the National Center for Missing and Exploited Children; to provide for penalties; to require registered sexual offenders to provide additional information as a part of the required registration information; to provide for additional probationary conditions 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; 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. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended by adding a new Code section to read as follows:
'20-2-149. (a) The Department of Education shall develop a model program for educating students regarding online safety while using the Internet, taking into consideration educational materials on this topic developed by other states as well as any other materials suggested by education experts, child psychologists, and technology companies that promote child online safety issues. (b) Each local board of education may incorporate into its instructional program a component on online Internet safety to be taught on a schedule as determined by the local board of education.'

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SECTION 2. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding a new chapter to read as follows:

cHAPTER 5

39-5-1. As used in this chapter, the term:
( 1) 'Internet or any other computer network' means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor or successor of the Internet. (2) 'Internet access provider' means an entity that provides consumers with access to the Internet; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service. (3) 'Interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service. (4) 'Minor' means a person who is less than 18 years of age. (5) 'Wireless service' shall have the same meaning as set forth in paragraph (3) of Code Section 46-5-221.

39-5-2. (a) If an Internet access provider knows or has reason to know from registration data in its possession that a subscriber currently resides within this state, such provider shall make available to the subscriber, in accordance with subsection (c) of this Code section, a product or service that enables the subscriber to control a minor's use of the Internet, if such product or service is reasonably and commercially available for the technology used by the subscriber to access the Internet. (b) The product or service shall enable, in a commercially reasonable manner, the subscriber to:
(1) Block a minor's access to specific websites or domains; (2) Restrict a minor's access exclusively to specific websites or domains approved by the subscriber; and (3) Allow the subscriber to monitor a minor's use of the Internet service by providing a report to the subscriber of the specific websites or domains that the minor has visited or has attempted to visit but could not access because the websites or domains were blocked or restricted by the subscriber.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) If a product or service described in this Code section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the Internet service provider shall:
(I) Provide to the subscriber, at or near the time of subscription, information about the availability of a product or service described in this Code section; or (2) Make a product or service described in this Code section available to the subscriber either directly or through a third-party vendor and may charge for the product or service.

39-5-3. (a) Telecommunications service providers, wireless service providers, and providers of information services, including, but not limited to Internet service providers and hosting service providers, shall not be liable under this chapter by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications or information services used by others in violation of this chapter. (b) No provider of an interactive computer service shall be liable under this chapter for:
( 1) Identifying, removing, disabling, blocking, or otherwise affecting a user based upon a good faith beliefthat user's e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry; or (2) Failing to identify, block, or otherwise prevent a person from registering for an interactive computer service or failing to remove, disable, or otherwise affect a registered user whose e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry.

39-5-4. (a) An interactive computer service doing business in this state that obtains knowledge of facts or circumstances from which a violation of any law of this state prohibiting child pornography is apparent shall make a report, as soon as reasonably possible, of such facts and circumstances to the Cyber Tipline at the National Center for Missing and Exploited Children. (b) Any interactive computer service that knowingly and willfully violates subsection (a) of this Code section shall be guilty of a misdemeanor and upon a second or subsequent conviction shall be guilty of a misdemeanor of a high and aggravated nature.'

SECTION 3. Code Section 42-1-12 of the Official Code ofGeorgia Annotated, relating to the State Sexual Offender Registry, is amended by revising subsection (a) ofCode Section 42-1-12, by adding two new paragraphs to read as follows:
'(21.1) 'Username' means a string of characters chosen to uniquely identify an individual who uses a computer or other device with Internet capability to communicate with other

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individuals through the exchange of e-mail or instant messages or by participating in interactive online forums. (21.2) 'User password' means a string of characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums.'

SECTION 4. Said Code section is further amended by revising subparagraphs (a)(16)(J) and (a)(16)(K) as follows:
'(J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county ofeach institution, including each campus attended, and enrollment or employment status; (K) E-mail addresses, usernames, and user passwords; and (L) 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.'

SECTION 5. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, is amended by revising subsection (b) as follows:
'(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 ofresidence, 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; (3) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication; (4) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (5) Prohibited from seeking election to a local board of education.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation officer or law enforcement agency.'

SECTION 6. This Act shall become effective on July I, 2008; provided, however, that Sections 3 and 4 of this Act shall become effective on January I, 2009.

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

Approved May 14,2008.

CONSERVATION -OUTDOOR WATER USE AND RESTRICTIONS.
No. 716 (House Bill No. 1281).
AN ACT
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that local governments may impose additional restrictions on outdoor water use for good cause shown; to provide for local emergency restrictions on outdoor water use; to provide an exemption from certain penalties; to provide that political subdivisions may be exempted from outdoor watering restrictions for good cause shown; to provide for automatic repeal; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding new Code sections to read as follows:
'12-5-7. (a)(!) Any political subdivision of this state or local government authority may, upon application to and approval by the director of the Environmental Protection Division of

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the department for good cause shown, impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such additional restrictions are necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (2) Paragraph (I} of this subsection shall not prohibit a political subdivision or local government authority from imposing more stringent restrictions on outdoor water use in case of an emergency which immediately threatens the public health, safety, or welfare; provided, however, that such emergency restrictions shall be valid for a period not exceeding seven days unless a variance is granted by the director pursuant to paragraph (I) of this subsection. If the director determines that a political subdivision or local government authority is exercising emergency powers granted by this paragraph in a manner to circumvent the necessity of obtaining such a variance, he or she may suspend the emergency powers granted by this paragraph to such political subdivision or local government authority. (3) In the event that a political subdivision of this state or local government authority is unable to satisfy reduced water consumption or other permit requirements under its water withdrawal or operating permit due to its inability under this subsection to impose more stringent restrictions on outdoor water use during periods ofdrought than those applicable restrictions, if any, imposed by the state, such political subdivision or local government authority shall be exempt from fines, sanctions, or other penalties applicable for such failure upon the approval of the director of the Environmental Protection Division of the department. The director shall consider all measures implemented by such political subdivision or local government authoFity prior to issuing fines, sanctions, or other penalties applicable, if any, for such failure. The political subdivision or local government authority shall notify the director of the Environmental Protection Division of the department within ten business days following the discovery of such failure. The director may request additional information at any time to substantiate such a claim. (b) Any political subdivision ofthis state or local government authority may apply for and, upon approval by the director of the Environmental Protection Division of the department for good cause shown, shall be granted an exemption from nonstatutory outdoor watering restrictions or water use reductions imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such restrictions, reductions, or both are not necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (c) The director shall render a decision on an application made by a political subdivision or local government authority under subsection (a) or (b) of this Code section within five business days after receipt thereof.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) This Code section shall stand repealed and reserved on July I, 2010.

12-5-8. Not later than June 30, 2009, the board shall adopt new rules and regulations relating to drought management consistent with this chapter and any state-wide water management plan under Article 8 of this chapter. Such rules and regulations shall include but not be limited to provisions for a drought response committee; drought indicators and triggers; a drought declaration process; and state and local predrought mitigation strategies and drought response strategies. Such predrought mitigation strategies shall be designed to minimize the potential effects of drought. Such drought response strategies shall be measures or actions to be implemented during various stages of drought. Such rules and regulations shall replace any previous drought management plan adopted by the board and shall be revised from time to time as the board deems appropriate.'

SECTION 2. Said chapter is further amended in subsection (I) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding a new paragraph to read as follows:
'(4.1) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare; and '

SECTION 3. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding a new subsection to read as follows:
'(e) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare.'

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

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

Approved May 14, 2008.

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CRIMINAL PROCEDURE- BAIL; ECSTASY TRAFFICKING.

No. 717 (House Bill No. 960).

AN ACT

To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; 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 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, is amended by revising paragraph (10) of subsection (a) to read as follows:
'(1 0) Violating Code Section 16-13-31 or Code Section 16-13-31.1 ;'

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

Approved May 14, 2008.

ELECTIONS- COUNTY AND MUNICIPAL ELECTION SUPERINTENDENTS; NOTICE, DUTIES, AND RETURNS.
No. 718 (House Bill No. 1098).
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 require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties ofelection superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents

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GENERAL ACTS AND RESOLUTIONS, VOL. I

complete, file, and transmit certain returns; 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 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising subsection (b) of Code Section 21-2-9, relating to date of election for offices, as follows:
'(b) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. In addition, the municipality shall immediately transmit a copy of such notice to the Secretary of State.'

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 21-2-45.1, relating to special elections on bonded debt, as follows:
'(b) The date of a municipal bond election shall be specified by the governing authority of the municipality. Such date shall not be less than 30 days after call of such bond election. The municipality shall immediately transmit a copy of such notice to the Secretary of State.'

SECTION 3. Said chapter is further amended by revising Code Section 21-2-70, relating to powers and duties of superintendents, as follows:
'21-2-70. Each superintendent within his or her county or municipality shall exercise all the powers granted to him or her by this chapter and shall perform all the duties imposed upon him or her by this chapter, which shall include the following:
(I) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political party for the division, redivision, alteration, change, or consolidation of precincts; (2) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him or her in accordance with this chapter; (3) To prepare and publish, in the manner provided by this chapter, all notices and advertisements, in connection with the conduct of elections, which may be required by law, and to transmit immediately to the Secretary of State a copy of any publication in which a call for a special primary, election, or runoff is issued;

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(4) To select and equip polling places for use in primaries and elections in accordance

with this chapter;

(5) To purchase, except voting machines, preserve, store, and maintain election

equipment of all kinds, including voting booths and ballot boxes and to procure ballots

and all other supplies for primaries and elections;

(6) To appoint poll officers and other officers to serve in primaries and elections in

accordance with this chapter;

(7) To make and issue such rules, regulations, and instructions, consistent with law,

including the rules and regulations promulgated by the State Election Board, as he or she

may deem necessary for the guidance of poll officers, custodians, and electors in

primaries and elections;

(8) To instruct poll officers and others in their duties, calling them together in meetings

whenever deemed advisable, and to inspect systematically and thoroughly the conduct

of primaries and elections in the several precincts of his or her county to the end that

primaries and elections may be honestly, efficiently, and uniformly conducted;

(9) To receive from poll officers the returns of all primaries and elections, to canvass and

compute the same, and to certify the results thereof to such authorities as may be

prescribed by law;

(I 0) To announce publicly, by posting in his or her office, the results of all primaries and

elections held in his or her county or municipality;

(11) In any general election at which a proposal to amend the Constitution or to provide

for a new Constitution is submitted to the electors for ratification, the election

superintendent shall provide copies of the summary of such proposal prepared pursuant

to Article X, Section I, Paragraph II of the Constitution as provided in this paragraph. A

reasonable number of copies of such summary shall be conspicuously available in each

polling place;

(12) To prepare annually a budget estimate of his or her expenses under this chapter, in

which shall be set forth an itemized list of expenditures for the preceding two years and

an itemized estimate ofthe amount ofmoney necessary to be appropriated for the ensuing

year and to submit the same at the time and in the manner and form other budget

estimates of his or her county or municipality are now or may hereafter be required to be

filed;

(13) To conduct all elections in such manner as to guarantee the secrecy of the ballot and

to perform such other duties as may be prescribed by law;

(14) To become certified by satisfactorily completing a certification program as set forth

in Code Section 21-2-101; and

(15) To take an oath in the following form:

I,

, do swear (or affirm) that I will as superintendent

duly attend the ensuing election (or primary) during the continuance thereof, that I will

to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that

I will make a true and perfect return of the said election (or primary), and that I will at

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GENERAL ACTS AND RESOLUTIONS, VOL. I

all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability.'

SECTION 4. Said chapter is further amended by revising subsection (k) ofCode Section 21-2-493, relating to computation, canvassing, and tabulation of returns, as follows:
"(k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this chapter. Such returns shall be certified by the superintendent not later than 5:00 P.M. on the seventh day following the date on which such election was held and such returns shall be immediately transmitted to the Secretary of State.'

SECTION 5. Said chapter is further amended by revising subsection (a) ofCode Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary, as follows:
"(a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(I) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall for the information of the public; (2) One copy to be filed in the superintendent's office; (3) One copy to be forwarded to the Secretary of State together with a copy of each precinct return, the numbered list of voters of each precinct, and the returns and the numbered list of voters for absentee electors; and (4) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500.'

SECTION 6. Said chapter is further amended by revising Code Section 21-2-497, relating to preparation and filing by superintendent of four copies of consolidated return of elections, as follows:

GEORGIA LAWS 2008 SESSION

821

'21-2-497. Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(I) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500; and (4) One copy to be returned immediately to the Secretary of State unless required as follows:
(A) In the case of election offederal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (C) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and (D) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State.

SECTION 7. Said chapter is further amended by revising subsection (c) ofCode Section 21-2-50 I, relating to number of votes required for election, as follows:
'(c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no

822

GENERAL ACTS AND RESOLUTIONS, VOL. I

elector shall vote in a run-offprimary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers ofvotes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. The municipality shall give written notice to the Secretary of State of such runoff as soon as such municipality certifies the preceding primary, special primary, election, or special election."

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

Approved May 14, 2008.

HEALTH -LEAD POISONING; ABATEMENT.
No. 719 (House Bill No. 1043).
AN ACT
To amend Article 2 ofChapter41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition ofthe term "confirmed lead poisoning"; to provide for new definitions; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for certain remedies; to provide for application of the article; 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 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," is amended by revising paragraph (1) and adding a new paragraph (5.I) to Code Section 31-41-12, relating to definitions, as follows:
' (I) 'Confirmed lead poisoning' means a confirmed concentration of lead in whole blood equal to or greater than 20 micrograms of lead per deciliter for a single test or between

GEORGIA LAWS 2008 SESSION

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15 and 19 micrograms of lead per deciliter in two tests taken at least three months apart.' '(5.1) 'Lead hazard abatement' means the removal and correction, in a manner no more strict than what is determined to be absolutely necessary, of a specifically identified hazard which causes a confirmed lead poisoning.'

SECTION 2. Said article is further amended by revising Code Section 31-41-13, relating to notice oflead poisoning hazard, as follows:
'31-41-13. Upon determination that a lead poisoning hazard exists, the division shall give written notice of the lead poisoning hazard to the owner ofthe dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The division shall also make every reasonable and practicable effort to provide written notice to the managing agent of the dwelling, dwelling unit, school, or day-care facility. The written notice to the owner, managing agent, or tenant shall include a list of possible methods of abatement of the lead poisoning hazard.'

SECTION 3. Said article is further amended by revising subsection (a) of Code Section 31-41-14, relating to abatement of lead poisoning hazard, as follows:
'(a) Upon determination that a child less than six years of age has a confirmed lead poisoning and that the child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the division shall require a lead hazard abatement. The division shall also require a lead hazard abatement at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning. Upon confirming that all other potential sources of the confirmed lead poisoning have tested negative and making every reasonable effort to obtain consent from such dwelling's owner or managing agent to comply with this Code section, the division shall solicit a court order from the superior court with jurisdiction over such dwelling to order the dwelling's owner to perform a lead hazard abatement.'

SECTION 3. Said article is further amended by revising Code Section 31-41-18, relating to application of such article, as follows:
'31-41-18. This article shall only apply to: (1) Owners of residential rental property; and (2) Landlords that accept compensation for the use of residential property by another.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 14, 2008.

COURTS- MAGISTRATE COURT; APPEAL PROCEDURE.
No. 720 (House Bill No. 958).
AN ACT
To amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to change provisions relating to default judgments; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, is amended by revising paragraph (2) of subsection (b) of Code Section 15-10-41, relating to no jury trials in magistrate court, as follows:
(2) No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want ofprosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a postjudgment motion to vacate a judgment, shall be by certiorari to the state court of that county or to the superior court of that county:
SECTION 2. Said article is further amended by revising subsections (a) and (g) and paragraph (1) of subsection (e) of Code Section 15-10-43, relating to statement of claim, service of process, and default judgments, as follows:
(a) Actions shall be commenced by the filing of a statement of claim, including the last known address ofthe defendant, in concise form and free from technicalities. The plaintiff

GEORGIA LAWS 2008 SESSION

825

or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim and the address at which the plaintiff desires to receive the notice of hearing.'
"(e)(1) When a hearing is scheduled pursuant to subsection (c) ofthis Code section, upon failure of the defendant to appear for the hearing, the plaintiff shall be entitled to have the defendant's answer stricken and a default judgment entered; provided, however, that no default judgment shall be granted if the defendant appears at trial through counsel. If the claim is for liquidated damages, the plaintiff shall be entitled to take a judgment in the amount set forth in the complaint without further proof. If the claim is for unliquidated damages, the plaintiff shall proceed to prove his or her damages and take judgment in an amount determined by the judge.' "(g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments pursuant to this Code section in the magistrate court shall be by filing a written motion which sets forth the issues with reasonable specificity. The procedure shall then be the same as in other cases except the court may assess costs as seem just.'

SECTION 3. Said article is further amended by revising subsection (c) of Code Section 15-10-45, relating to compulsory and permissive counterclaims, as follows:
"(c) If any defendant asserts a claim against the plaintiff, the defendant shall file with the court a statement ofthe claim in concise form and free from technicalities. The defendant's claim shall give the plaintiff reasonable notice of the basis for each claim contained in the statement of claim. The defendant shall sign and verify the statement of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement.'

SECTION 4. Said article is further amended by revising Code Section 15-10-48, relating to form of statement of claim, verification, and notice, as follows:
"15-1 0-48. The statement ofclaim, verification, and notice shall be in substantially the following form:

Magistrate Court of _____ County State of Georgia

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Plaintiff

Address v.
Defendant

Statement of Claim

(Here the plaintiff or, at his or her request, the court will insert a brief statement of the plaintiff's claim or claims giving the defendant reasonable notice of the basis for each claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his or her agent as follows:)
STATE OF GEORGIA COUNTY OF _ _ __

- - - - - - - - - - - ' being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed

before me this ___ day

of

, __.

Plaintiff or agent

Notary public or attesting official
TO: _ _ _ __ Defendant

Notice

GEORGIA LAWS 2008 SESSION

827

Home Address or

Business Address

You are hereby notified that

has made a claim and is

requesting judgment against you in the sum of

dollars ($_ _), as shown

by the foregoing statement. The court will hold a hearing upon this claim at (address

of court) at a time to be set after your answer is filed.

YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM

WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO

NOTANSWER,JUDGMENTBYDEFAULTWILLBEENTEREDAGAINSTYOU.

YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY

TO THE JUDGE.

If you have witnesses, books, receipts, or other writings bearing on this claim, you

should bring them with you at the time of hearing.

If you wish to have witnesses summoned, see the court at once for assistance.

If you have any claim against the plaintiff, you should notify the court at once.

If you admit the claim, but desire additional time to pay, you must come to the hearing

in person and state the circumstances to the court.

You may come with or without an attorney.

Magistrate of ___ Countl
SECTION 5. Said article is further amended by revising subsections (b), (c), and (g) of Code Section 15-10-50, relating to propounding of interrogatories to judgment debtor, as follows:
"(b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment creditor may, after the entry ofjudgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail or statutory overnight delivery. (c) Interrogatories propounded pursuant to a judgment entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate coure (g) Notwithstanding the provisions of Code Section 15-10-42, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other

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GENERAL ACTS AND RESOLUTIONS, VOL. I

process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69.'

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

Approved May 14, 2008.

INSURANCE- BENEFITS TO THIRD PARTY; NOTICE; VIOLATION.
No. 721 (House Bill No. 673).
AN ACT
To amend Code Section 33-7-11.1 ofthe Official Code of Georgia Annotated, relating to the commencement of liability of insurer to pay benefits to a third party on behalf of the insured, so as to provide for an insurer to provide notice to a third party that failure to use proceeds in accordance with a security agreement of the third party and a lienholder may constitute a violation of Code Section 16-8-4; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to the commencement of liability of insurer to pay benefits to a third party on behalf of the insured, is amended by adding a new subsection and revising subsection (c) as follows:
'(c) When making any payment to a third party for damage to an automobile for any loss, the insurer shall have printed on the loss estimate, if prepared directly by the insurer, the following:
'Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may be a violation of Code Section 16-8-4 of the O.C.G.A. If you have any questions, contact your lending institution.' This subsection does not apply if the insurer does not prepare the loss estimate or if the estimate is not prepared in the State of Georgia. (d) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies that pay benefits to a third party on behalf of an

GEORGIA LAWS 2008 SESSION

829

insured for the loss of use and towing and storage costs of such motor vehicle issued

delivered, or renewed in this state on or after January 1, 2009."

'

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

Approved May 14, 2008.

CIVIL PRACTICE-DUPLICATION OF EVIDENCE OF CERTAIN VIOLATIONS; EXHIBITS INSPECTIONS; PUBLIC DISCLOSURE.
No. 722 (House Bill No. 1020).
AN ACT
To amend Article 5 of Chapter 11 of Title 9, Chapter 16 of Title 17, and Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, discovery in criminal cases, and inspection of public records, respectively, so as to eliminate duplication of evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16; to provide for controlled access to such evidence in public inspections of evidence; to change provisions relating to judicial approval being required for inspection of trial exhibits and reproduction of exhibits; to prohibit public disclosure of certain evidence under limited circumstances; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, is amended by adding a new Code section to read as follows:
'9-11-34.1. Notwithstanding the provisions of Code Section 9-11-34, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof."

830

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, is amended by revising paragraph (3) of subsection (a) of Code Section 17-16-4, relating to disclosure required by prosecuting attorney and defendant and inspections allowed, as follows:
'(3)(A) Except as provided in subparagraph (B) of this paragraph, the prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chiefor rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division ofthe Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. (B) With respect to any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial of any violation of Part 2 of Article 3 of Chapter 12 of Title 16, such evidence shall, no later than ten days prior to trial, or as otherwise ordered by the court, be allowed to be inspected by the defendant but shall not be allowed to be copied.'

SECTION 3. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection ofpublic records, is amended by revising Code Section 50-18-71.1, relating to the approval of the judge required for inspection of trial exhibits, as follows:
'50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of the chief judge or, if no judge has been designated chiefjudge, approval of the judge most senior in length of service on the court. (b) Except as provided in subsection (d) ofthis Code section, in the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit:

GEORGIA LAWS 2008 SESSION

831

(1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) ofCode Section 50-18-71. (d) Any physical evidence that is evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial, shall not be open to public inspection except as provided in subsection (a) of this Code section. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the location where such physical evidence may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $100,000.00, or both."

SECTION 4. Said article is further amended by revising subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by striking "or" at the end of paragraph (19), by striking the period and inserting in its place "; or" at the end of paragraph (20), and by adding a new paragraph to read as follows:
'(21) Notwithstanding the provisions of paragraph (4) of this subsection, any physical evidence or investigatory materials that are evidence of an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16, which are in the possession, custody, or control oflaw enforcement, prosecution, or regulatory agencies."

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

Approved May 14, 2008.

832

GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES -FIREFIGHTER PLATES; GEORGIA SEA TURTLE PLATE; SUPPORT OUR TROOPS PLATE.

No. 725 (House Bill No. 1220).

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, so as to remove the limitation on the number of plates a firefighter can obtain; to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide a special license plate supporting the Georgia Sea Turtle Center with funds distributed through the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund; to modify certain provisions relating to the Support Our Troops special license plate; 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 I. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, is amended by revising subsection (a) and adding a new subsection to Code Section 40-2-78, relating to a special license plate for firefighters, as follows:
'(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the

GEORGIA LAWS 2008 SESSION

833

commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary.' '(e) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this Code section so long as such person does not remarry.'

SECTION 2. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by adding a new paragraph to subsection (o) as follows:
'(38) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island- Georgia's Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash.

SECTION 3. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by revising paragraph 18 of subsection (o) as follows:
'(18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to the Georgia National Guard Family Support Foundation, Incorporated.'

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

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

Approved May 14, 2008.

834

GENERAL ACTS AND RESOLUTIONS, VOL. I

ALCOHOL- MOTOR VEHICLESRESEALED PARTIALLY CONSUMED
WINE BOTTLE.

No. 726 (Senate Bill No. 55).

AN ACT

To amend Article I of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a meal; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, is amended by inserting at the end thereof a new Code Section 3-6-4 to read as follows:
"3-6-4. Notwithstanding any other contrary provision of law, any restaurant which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a meal and consumed a portion of the bottle of wine which has been purchased on the premises with such meal on the restaurant's premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk."

GEORGIA LAWS 2008 SESSION

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SECTION 2. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by striking paragraph (2) of subsection (a) of Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open container of alcoholic beverage in passenger area, and inserting in its place a new paragraph (2) to read as follows:
'(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed.
A bottle of wine that has been resealed pursuant to Code Section 3-6-4 shall not constitute an open alcoholic beverage container for purposes of this Code section.*

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

Approved May 14, 2008.

MOTOR VEHICLES- PROFESSIONS- MOTOR CARRIERS; LICENSE PLATE COUNTY DECALS; FEES; ASSEMBLED MOTOR VEHICLES AND MOTORCYCLES; TITLES; REBUILDERS.
No. 727 (Senate Bill No. 437).
AN ACT
To amend Title 40 ofthe Official Code ofGeorgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions relative to motor carriers; to provide for exemptions from the requirement of space on license plates for county decals; to provide for commissioners to promulgate regulations regarding registration of vehicles; to provide for annual license fees; to provide for registration and licensing ofassembled motor vehicles and motorcycles; to provide for the issuance of certificates oftitle to owners of assembled motor vehicles and motorcycles; to provide for creation of security interests; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to redefine the term "rebuilder"; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

836

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to the exemption ofcertain special license plates from the county name decal requirement, as follows:
'40-2-9. Any metal special, distinctive, or prestige license plate, except those provided for in Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal. The provisions of this chapter relative to county name decals shall be applicable to all such license plates.'

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
40-2-11. (a) The commissioner shall be responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily and efficiently perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of registration, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications and all other notices and forms necessary to administer this chapter. (c) The commissioner may:
(I) Perform any investigation necessary to procure information required to carry out this chapter; and (2) Adopt and enforce reasonable rules and regulations to administer this chapter.'

SECTION 3. Said title is further amended by revising Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, by adding a new subsection to read as follows:
(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 40-3-30.1 .'

GEORGIA LAWS 2008 SESSION

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SECTION 4. Said title is further amended by revising subparagraphs (a)(3)(A) and (a)(10)(A) and paragraph (16) of subsection (a) of Code Section 40-2-151, relating to annual license fees for operation of vehicles, as follows:
'(3)(A) For each private commercial motor vehicle in accordance with the owner declared gross vehicle weight rating, as follows:

(i) Less than 18,001 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(ii) 18,001 to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00

(iii) 26,001 to 30,000 lbs.

45.00

(iv) 30,001 to 36,000 lbs.

70.00

(v) 30,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00

(vi) 44,001 to 54,999 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00

(vii) 55,000 to 63,280'Jbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00

(viii) 63,281 lbs. to maximum permitted........................... 400.00'

'(10)(A) For each commercial motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight rating, as follows:

(i) Less than 18,001 lbs. ............,. . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(ii) 18,00 I to 26,000 lbs.............. "'" . . . . . . . . . . . . . . . . . . . . . . . 38.00

(iii) 26,001 to 30,000 lbs. .. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 85.00

(iv) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00

(v) 36,001 to 44,000 lbs........................................ 215.00

(vi) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00

(vii) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 575.00

(viii) 63,281 lbs. to maximum permitted...................... ~... 725.00'

'( 16) Heavy earth-moving machinery, fertilizer application equipment, and crop protection chemical application equipment, not including trucks, which are used primarily off the highway shall not be required to be licensed under this article;'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 40-2-152, relating to annual license fees for operation of apportioned vehicles, as follows:
"(a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(I) Less than 30,001 lbs.......................................... $ 45.00
(2) 30,001 to 36,000 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00
(3) 36,001 to 44,000 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00
(4) 44,001 to 54,999 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00
(5) 55,000 to 63,280 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00
(6) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(1) Less than 30,001 lbs.......................................... $ 85.00
(2) 30,00 I to 36,000 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00
(3) 36,001 to 44,000 lbs........................................... 215.00
(4) 44,001 to 54,999 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00
(5) 55,000 to 63,280 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575.00
Cf>l 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725.00'

SECTION 6. Said title is furt~r amended by adding a new Code section to read as follows:

u40-3-30.1. \
(a) As used in thf~.Code section and in Code Section 40-2-27, the term:

(I) 'Assembled ni tor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means

any motor vehicle o otorcycle that is:

(A) Manufactured r

anufacturer's kit or manufacturer's fabricated parts,

including replicas and original d e .

(i) By an owner;

(ii) At the request of the owner by a third-party manufacturer of motor vehicles or

motorcycles; and

GEORGIA LAWS 2008 SESSION

839

(iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, off-road vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered.'

SECTION 7. Said title is further amended by revising paragraph (2) of Code Section 40-3-51, relating to creation of security interest in motor vehicles by the owner, as follows:
'(2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the

840

GENERAL ACTS AND RESOLUTIONS, VOL. I

commissioner's appropriate authorized county tag agent within 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight ofthe sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and'

SECTION 8. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," is amended by revising paragraph (II) as follows:
'(II) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles.'

SECTION 9. Sections 4 and 5 of this Act shall become effective January I, 2009. Section 7 of this Act shall become effective July I, 2009. The remaining sections of this Act shall become effective upon this Act's approval by the Governor or upon this Act becoming law without such approval.

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

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

841

REVENUE - STATE INCOME TAX CREDITS; WOOD RESIDUALS; CLEAN ENERGY PROPERTIES.

No. 728 (House Bill No. 670).

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 revise and change certain provisions regarding state income tax; to provide for income tax credits for wood residuals diverted or transported to renewable biomass qualified facilities for a limited period of time; to provide for income tax credits for clean energy property for a limited period of time; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Georgia Forestry Commission with respect to the foregoing; 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 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 to read as follows:
'48-7-29.13. (a) As used in this Code section, the term:
(I) 'Authority' means the Georgia Environmental Facilities Authority. (2) 'Business property' means tangible personal property that is used by the taxpayer in connection with a business or for the production of income and is capitalized by the taxpayer for federal income tax purposes. The term does not include, however, a luxury passenger automobile taxable under Section 4001 of the Internal Revenue Code or a watercraft used principally for entertainment and pleasure outings for which no admission is charged. (3) 'Clean energy property' includes any of the following:
(A) Solar energy equipment that uses solar radiation as a substitute for tr itional energy for water heating, active space heating and cooling, passive heating, d lighting, generating electricity, distillation, desalinization, or the production of ndustrial or commercial process heat, as well as related devices necessary for co ecting, storing, exchanging, conditioning, or converting solar energy to other usef forms of energy; (B) Energy Star certified geothermal heat pump systems; (C) Energy efficient projects as follows:

842

GENERAL ACTS AND RESOLUTI~, VOL. I

(i) Lighting retrofit pr ~ects. 'Lig~trofit project' means a J} hting retrofit system

that employs t~witc (ability to s;itc ughly half the 1ghts off and still have

fairly uniD m lightd~tributi n), deIamping, dayh

mping, or other controls

or proc ses which reduce annual energy and power consumption by 30 percent

compa ed to the American Society of Heating, Refrigerating, and Air Conditioning

Engi eers 2004 standard (ASHRAE 90.1.2004); and

(ii) /Energy efficient buildings. 'Energy efficient building' means for other than

siygle-family residential property new or retrofitted buildings that are designed,

~nstructed, and certified to exceed the standards set forth in the American Society

I of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE

90.1.2004) by 30 percent;

(D) Wind equipment required to capture and convert wind energy into electricity or

mechanical power as well as related devices that may be required for converting,

conditioning, and storing the electricity produced by wind equipment; and

(E) Biomass equipment to convert wood residuals into electricity through gasification

and pyrolysis.

(4) 'Cost' means:

(A) In the case of clean energy property owned by the taxpayer, cost is the aggregate

funds actually invested and expended by a taxpayer to put into service the clean energy

property; and

(B) In the case of clean energy property the taxpayer leases from another, cost is eight

times the net annual rental rate, which is the annual rental rate paid by the taxpayer less

any annual rental rate received by the taxpayer from subrentals.

(5) 'Installation' means the year in which the clean energy property is put into service and

becomes eligible for a tax credit allowed by this Code section.

(6) 'Renewable biomass qualified facility' means a renewable biomass qualified facility

as defined by the Federal Energy Regulatory Commission which facility meets the open

loop biomass standards promulgated pursuant to Section 45 of the Internal Revenue

Code.

(7) 'Wood residuals' means wood residuals that include land-clearing residue, urban

wood residue, and pellets and do not include wood from any United States national forest.

(b) A tax credit under this Code section is subject to the following limits:

(I) A tax credit is allowed against the tax imposed under this article to a taxpayer for the

construction, purchase, or lease of clean energy property that is placed into service in this

state between July I, 2008, and December 31, 2012; provided, however, this credit shall

be further subject to the following conditions and limitations:

(A) A credit allowed by this Code section shall be taken for the taxable year in which

the clean energy property is installed and may be taken against income tax or, if the

taxpayer is an insurance company, against gross premium tax;

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(B) A taxpayer that claims a credit allowed under this subsection shall not be eligible to claim any other credit under this subsection with respect to the same clean energy property; (C) A taxpayer may not take the credit allowed in this subsection for clean energy property the taxpayer leases from another unless the taxpayer obtains the lessor's written certification that the lessor will not claim a credit under this subsection with respect to the same clean energy property; and (D) In no event shall the amount of the tax credits allowed by this Code section for a taxable year exceed the taxpayer's liability for such taxes. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the installment of the clean energy property occurred. No such credit shall be allowed the taxpayer against prior years' tax liability. To claim a credit allowed by this paragraph, the taxpayer shall provide any information required by the authority or department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the authority or department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection; (2) A taxpayer who transports or diverts wood residuals to a renewable biomass qualified facility shall be allowed a credit against the tax imposed by this article in an amount not to exceed the actual amount certified by the Georgia Forestry Commission to the taxpayer. The value of such credit shall be determined on a per tonnage basis. Such certification shall be based upon vouchers provided to the taxpayer by the renewable biomass qualified facility to whom the wood residuals are provided for the purpose of providing bioelectric power to a third party. The Georgia Forestry Commission shall calculate and attribute a dollar value to such wood residuals; (3) In no event shall the total amount of tax credits allowed by this subsection exceed: (A) For calendar year 2008, $2,500,000.00; (B) For calendar year 2009, $2,500,000.00; (C) For calendar year 2010, $2,500,000.00; (D) For calendar year 2011, $2,500,000.00; and (E) For calendar year 2012, $2,500,000.00. (4)(A) A taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection; (5) The credit allowed by this subsection shall not exceed the following amounts: (A) For all types of clean energy property placed into service for any purpose other than single family residential, the credit allowed by this subsection may not exceed the lesser of 35 percent of the cost of the clean energy property described in subparagraphs (a)(3)(A) through (a)(3)(C) of this Code section or the following credit amounts for any clean energy property:
(i) A ceiling of $500,000.00 per installation applies to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating, wind equipment, and biomass equipment as described in subparagraphs (a)(3)(A), (a)(3 )(D), and (a)(3)(E) of this Code section; (ii) The sum of $100,000.00 per installation applies to clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) ofthis Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-1 00 or Florida Solar Energy Center-G0-80 for solar thermal collectors; (iii) For Energy Star certified geothermal heat pump systems as described in division (a)(3)(B) of this Code section, the sum of$100,000.00; (iv) For a lighting retrofit project as described in division (a)(3)(C)(i) of this Code section, the sum of $0.60 per square foot of the building with a maximum of $1 00,000.00; and (v) For an energy efficient building as described in division (a)(3)(C)(ii) of this Code section, the sum of the cost of energy efficient products installed during construction at $1.80 per square foot of the building, with a maximum of $1 00,000.00; and (B) The following ceilings apply to clean energy property placed in service for single family residential purposes, the lesser of 35 percent of the cost or: (i) The sum of $2,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-1 00 or Florida Solar Energy Center-G0-80 for solar thermal collectors, Solar Rating Certification Corporation certification OG-300 or Florida Solar Energy Center-GP-5-80 for solar thermal residential systems, or both; (ii) The sum of$! 0,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for solar electric (photovoltaic), other solar thermal electric

GEORGIA LAWS 2008 SESSION

845

applications, and active space heating as described in subparagraph (a)(3)(A) of this Code section, or to wind as described in subparagraph (a)(3)(B) of this Code section; and (iii) The sum of$2,000.00 per installation for Energy Star certified geothermal heat pump systems applies as described in subparagraph (a)(3)(B) of this Code section; and (6)(A) Where the amount of any credits allowed by this Code section except for the credit under paragraph (2) of subsection (b) of this Code section exceeds the taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (B) In no event shall the total amount of the tax credit under paragraph (2) of subsection (b) of this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (c) The authority and department shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section. Specifically, the authority and department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis. (d) The authority and the department shall provide an annual report of: (1) The number of taxpayers that claimed the credits allowed in this Code section; (2) The cost of business property and clean energy property with respect to which credits were claimed; (3) The type of clean energy property installed and the location; (4) A determination of associated energy and economic benefits to the state; and (5) The total amount of credits allowed.'

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

846

GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS- CRIMINAL PROCEDURE- INDIGENT DEFENSE; COMPREHENSIVE REVISION.

No. 729 (House Bill No. 1245).

AN ACT

To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks' Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to change provisions relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court; to remove provisions directing funding for indigent defense; to remove the additional penalty to be imposed in certain criminal, quasi-criminal, and traffic cases; to direct certain funds to be paid to governing authorities; to extend the collection of certain additional penalties for traffic violations; to change certain provisions relating to the $50.00 application fee for indigent defense services; to change certain definitions; to change the composition of the the Georgia Public Defender Standards Council to include county commissioners; to provide for appointment, qualifications, and terms for new members; to eliminate the Chief Justice of the Supreme Court of Georgia and the Chief Judge of the Georgia Court of Appeal's appointments to the council; to require auditing and accounting of revenues received by the council; to expand the director's responsibilities; to remove the ratification process for standards adopted by the council; to enhance the council's annual reporting of certain matters; to change provisions relating to the General Oversight Committee of the Georgia Public Defender Standards Council; to repeal provisions relating to the council assuming the responsibilities ofthe former Georgia Indigent Defense Council; to provide for the mental health advocacy division and its duties and responsibilities; to repeal provisions relating to the transition period; to provide for the Georgia capital defender division and its duties and responsibilities; to provide for conflict counsel in death penalty cases and costs associated therewith; to change matters relating to the appointment ofcounsel in death penalty cases; to change matters relating to payment of attorney's fees and expenses in capital cases in which the death penalty is sought; to change the name and composition of the circuit public defender selection panels; to provide for a chairperson and secretary for the panel and responsibilities; to provide for the removal of circuit public defenders not for cause; to change provisions regarding legal representation in cases where a circuit public

GEORGIA LAWS 2008 SESSION

847

defender office has a conflict of interest; to change provisions relating to the 72 hour rule; to change provisions relating to cost-of-living adjustments for and employment of circuit public defenders; to clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to change provisions relating to certain prohibitions for assistant public defenders; to change provisions relating to the budget of the council; to correct cross-references; to provide for funding for alternative delivery systems; to remove legislative intent with regard to attorney's fees collected being used to fund indigent defense; to repeal provisions relating to the office of mental health advocacy; to provide for verification of income by a governing authority; to repeal provisions relating to the Office of the Georgia Capital Defender; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new subsection to Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, to read as follows:
"(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status."

SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-1-9.2, relating to senior judge status and requesting assistance of senior judges, to read as follows:
"(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status."

848

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3. Said title is further amended by adding a new subsection to Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge, to read as follows:
'(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status.'

SECTION 4. Said title is further amended by revising Code Section 15-6-76.1, relating to the election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, as follows:
'15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January I, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July I, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January I, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July I, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interest-bearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are

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deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees ofthe bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. (f) The Georgia Superior Court Clerks' Cooperative Authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds reported to or remitted by the Georgia Superior Court Clerks' Cooperative Authority. (g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the the Georgia Superior Court Clerks' Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council. (h) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (i) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (h) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Superior Court Clerks' Cooperative Authority.'

SECTION 5. Said title is further amended by revising Code Section 15-6-95, relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court, as follows:
'15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 ofTitle 47 for the Sheriffs' Retirement Fund of Georgia; (4) The amounts provided l}nder subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73;

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(5) The amounts provided for under subparagraphs (a)(l)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7) The surcharge provided for in Chapter 21 of this title for jail construction and staffing; (8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112; (9) The application fee provided for in subsection (c) of Code Section 15-21A-6; (10) The balance of the fine shall be paid to the county; and (II) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-10 I for the Drug Abuse Treatment and Education Fund.'

SECTION 6. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Public Defender Standards Council, as follows:
'15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council.'

SECTION 7. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Public Defender Standards Council, as follows:
'15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council.'

SECTION 8. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Public Defender Standards Council, as follows:
'15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions

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of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council.'

SECTION 9. Said title is further amended by revising Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, as follows:
'15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) ofCode Section 15-6-76.1 for distribution to the Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Superior Court Clerks' Cooperative Authority."

SECTION 10. Said title is further amended by revising Code Section 15-21-73, relating to the penalties to be imposed in certain criminal, quasi-criminal, and traffic cases and upon violation of bond, as follows:
'15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to:
(A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $100.00 or I0 percent of the original amount of bail or bond; plus (B) The lesser of an additional $100.00 or 10 percent of the original amount of bail or

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bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law.'

SECTION 11. Said title is further amended by revising Code Section 15-21-74, relating to assessment and collection of penalties, transfer of payments to the Georgia Superior Court Clerks' Cooperative Authority, and quarterly accounting, as follows:
'15-21-74. The sums provided for under paragraph (I) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) ofCode Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following for remittance to the Office of Treasury and Fiscal Services; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks' Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

SECTION 12. Said title is further amended by revising Code Section 15-21-77, relating to collections to be appropriated for law enforcement or prosecutorial officers' training and funding for indigent defense, as follows:
'15-21-77. An amount equal to the net proceeds derived under subparagraphs (a)( I)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers' training, or both, and activities incident thereto,

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including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This Code section shall not preclude the appropriation of a greater amount for this purpose.

SECTION 13. Said title is further amended by revising subsection (c) of Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows:
'(c) This Code section shall be repealed in its entirety on June 30, 2013, unless extended by an Act of the General Assembly.'

SECTION 14. Said title is further amended by revising Code Section 15-21A-6, relating to additional filing fees, application for free legal services, and remittance of funds, as follows:
'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 probate a will in solemn form and for letters of administration with will annexed; and petition for year's support; (B) With regard to a minor guardianship matter as set forth in paragraph (I) 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 (I) of subsection (g) of Code Section 15-9-60, the proceeding by which the 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 probate 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 (I) ofthis subsection involving a decedent but once only

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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 such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee shall 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 measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (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 fees provided in this Code section and, if the governing authority has a procedure to verify the applicant's income as set forth in Code Section 17-12-80, shall pay such moneys over to the entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, and such funds shall not be subject to payment to the authority. Ifthe governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day ofthe month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (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 such fee is waived by the court for inability to pay or measurable hardship. If the application fee required by this subsection has not been paid prior to 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 such services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (f) 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 of indigent defense services in courts other than the superior and juvenile court shall be deemed to be the entity providing the legal defense services and shall be entitled to impose and collect the application fee authorized by subsection (e) of this Code section.'

SECTION 15. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising Code Section 17-12-2, relating to definitions, as follows:
'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.

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(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) 'Director' means the director of the Georgia Public Defender Standards Council. (6) 'Indigent person' or 'indigent defendant' means:
(A) A person charged with a misdemeanor, violation of probation, or a municipal or county offense punishable by imprisonment who earns less than 100 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; (B) A juvenile charged with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parent's dependents; and (C) 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, his or her dependents, or, in the case of a juvenile, his or her parents or the parent's 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. (7) 'Legislative oversight committee' means the Legislative Oversight Committee for the Georgia Public Defender Standards Council. (8) 'Public defender' means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to this chapter.'

SECTION 16. Said chapter is further amended by revising Code Section 17-12-3, relating to creation and membership of the Georgia Public Defender Standards Council, as follows:
'17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 15 members. (b) Ten members of the council shall be appointed as follows:
(l) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) ofthis subsection. Except as provided in paragraph (3 .1) ofthis subsection,

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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 (I) of this subsection shall be chosen so that each of the ten judicial administration districts in this 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 I and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8, except that on and after July I, 2008, the Lieutenant Governor shall make such appointments; 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 I0, except that on and after July I, 2008, the Speaker of the House of Representatives shall make such appointments;
(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 ChiefJustice ofthe Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district I0, except that on and after July I, 2008, the Lieutenant Governor shall make such appointments; and

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(v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district I and one person who resides in judicial administration district 2, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (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 I0; (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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4, except that on and after July I, 2008, the Speaker of the House of Representatives shall make such appointments; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district I 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, except that on and after July I, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; 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;

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(ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district I 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 ChiefJustice 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, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; 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, except that on and after July I, 2008, the Speaker of the House of Representatives shall make such appointments. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) 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; (3.1) Four members ofthe council shall be county commissioners who have been elected and are serving as members of a county governing authority in this state. The county commissioner councilmembers shall be appointed by the Governor on or before July 1, 2008, and shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners ofGeorgia. Each county commissioner councilmember shall serve terms offour years; provided, however, that the initial appointments shall be for one, two, three, and four years, respectively, as designated by the Governor for each appointment, and thereafter, such members shall serve terms of four years. A county commission councilmember shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the council; (4) Except as provided in paragraph (3 .I) ofthis subsection, all initial appointments shall be made to become members of the council on July I, 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), (2), and (3.1) 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 (e) of Code Section 17-12-20. (c) In making the appointments for ten members of the council as provided in paragraph (2) of subsection (b) of this Code section, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within this 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 17. Said chapter is further amended by revising subsections (a) and (b) of Code Section 17-12-4, relating to the authority of the council, its annual report, and compensation of personnel, as follows:
'(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (6) May adopt and use an official seal; (7) May establish a principal office; (8) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (9) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes.
(b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor shall be authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The annual audit shall disclose all moneys received by the

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council and all expenditures made by the council by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authority's expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Governor or General Assembly.'

SECTION 18. Said chapter is further amended by revising Code Section 17-12-5, relating to the council's director, qualification, selection, and responsibilities, as follows:
'17-12-5. (a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years experience in the practice oflaw. The director shall be selected on the basis oftraining and experience and such other qualifications as the council deems appropriate. The director shall be appointed by the Governor and shall serve at the pleasure of the Governor.
(b)( 1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation ofjuveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority: (I) The power and authority to take or cause to be taken any or all action necessary to perform any indigent defense services or otherwise necessary to perform any duties, responsibilities, or functions which the council is authorized by law to perform or to exercise any power or authority which the council is authorized by law to exercise; (2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any indigent defense services, to carry into effect the minimum standards and

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procedures promulgated by the council, or otherwise necessary to perform any duties, responsibilities, or functions which the council is authorized by law to perform or to exercise any power or authority which the council is authorized by law to exercise; and (3) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures ofthe council are not greater than the amounts budgeted or available from other revenue sources; (10) Hire, with the pending approval ofthe council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; (12) Evaluate each circuit public defender's job performance and communicate his or her findings to the council; and (13) Perform other duties as the council may assign.'

SECTION 19. Said chapter is further amended by revising subsection (b) of Code Section 17-12-6, relating to assistance of council to public defenders, as follows:

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"(b) The council: (I) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia.'

SECTION 20. Said chapter is further amended by revising Code Section 17-12-8, relating to approval by the council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact, as follows:
"17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. (c) All rules, regulations, policies, and standards that are promulgated by the council shall be publicly available for review and shall be posted on the council's website. Each rule, regulation, policy, and standard shall identify the date upon which such rule, regulation, policy, and standard took effect.'

SECTION 21. Said chapter is further amended by revising Code Section 17-12-9, relating to continuing legal education for public defenders and staff, as follows:
"17-12-9. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.'

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SECTION 22. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows:
'17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) The council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) The council shall prepare annually a report in order to provide the General Assembly and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized."

SECTION 23. Said chapter is further amended by revising Code Section I 7-12-10.1, relating to creation of general oversight committee, membership, and reporting audits, as follows:
'17-12-10.1. (a) There is created the Legislative Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members ofthe Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member ofsuch committee to serve as chairperson, and the Speaker of the House ofRepresentatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least three times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.

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(c) It shall be the duty of such committee to review and evaluate: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21 A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee.
(d) The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week ofthe convening of each regular session of the General Assembly. The chairperson ofsuch committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members ofsuch committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The legislative oversight committee shall be authorized to request that a performance audit of the council be conducted."

SECTION 24. Said chapter is further amended by revising Code Section 17-12-10.2, relating to civil liability, as follows:
"17-12-10.2. The members of the council as created by this article, the members of the circuit public defender supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this chapter.'

SECTION 25. Said chapter is further amended by revising Code Section 17-12-11, relating to the council assuming the responsibility ofthe Georgia Indigent Defense Council, funding, and personnel, as follows:
'17-12-11. (a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally

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incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state. (b) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person. (c) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court. (d) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law. (e) The director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate.'

SECTION 26. Said chapter is further amended by revising Code Section 17-12-12, relating to the transition period, as follows:
'17-12-12. (a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 ofthis chapter as it existed on June 30,2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state. (b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the assistance of

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counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1. (c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. (d) The Georgia capital defender division or appointed counsel's defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. (e) The director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender.'

SECTION 27. Said chapter is further amended by adding a new Code section to read as follows:
"17-12-12.1. (a) If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the director shall determine and appoint counsel to represent the defendant. The director shall establish the contractual agreement with the defendant's counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized. (b) A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorney's fees and expenses. (c) The council, with the assistance ofthe Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorney's fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs.

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(d) A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section."

SECTION 28. Said chapter is further amended by revising Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment and removal of circuit public defenders, and vacancies, as follows:
'17-12-20. (a) On and after July I, 2008, there is created in each judicial circuit in this state a circuit public defender supervisory panel to be composed of seven members. The Lieutenant Governor, the Speaker of the House of Representatives, and the chiefjudge of the superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two ofwhich shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Other than the county commissioner, members of the circuit public defender supervisory panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia shall not serve as a member of the circuit public defender supervisory panel after July I, 2005. On and after July I, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority.
(b)( I) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council. (2) By majority vote of its membership, the circuit public defender supervisory panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January I, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. A circuit public defender may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section.

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(c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least semiannually for purposes of reviewing the circuit public defender's job performance and the performance ofthe circuit public defender office. The council and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panels findings regarding the job performance of the circuit public defender and his or her office to the council on a form provided to the panel by the council. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council. Such resolution shall specify the reason for such request. All evidence presented and the findings ofthe circuit public defender supervisory panel shall be forwarded to the council within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panel's resolution at its next regularly scheduled meeting and take final action within 60 days thereafter. The council shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection. (e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender supervisory panel has appointed a replacement. The circuit public defender supervisory panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section.'

SECTION 29. Said chapter is further amended by revising Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event the public defender has a conflict of interest, as follows:

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"17-12-22. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. Such procedure may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or the utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest. (b) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant and an attorney who is not employed by the circuit public defender office is appointed, such attorney shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases, and such relationship may include, but shall not be limited to, a flat fee structure. (c) Attorneys who seek appointment in conflict cases shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which he or she is appointed and shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council.'

SECTION 30. Said chapter is further amended by revising subsections (b) and (d) of Code Section 17-12-23, relating to cases in which public defender representation is required, timing of representation, and contracts with local governments, as follows:
'(b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins not more than three business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed.' (d) A city or county may contract with the circuit public 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 rules, regulation, policies, and standards adopted by the council for representation of indigent persons in this state.'

SECTION 31. Said chapter is further amended by revising subsections (a) and (c) of Code Section 17-12-24, relating to financial eligibility for indigent defense services representation and operation of the public defender's office, as follows:
"(a) The circuit public defender, any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine if

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a person or juvenile arrested, detained, or charged in any manner is an indigent person entitled to representation under this chapter.' "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number ofpersons represented, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this chapter; and any other information requested by the council."

SECTION 32. Said chapter is further amended by revising Code Section 17-12-25, relating to the salary of the public defender and prohibiting the private practice of law, as follows:
"17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and cost-of-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice oflaw for profit or serve concurrently in any judicial office.'

SECTION 33. Said chapter is further amended by revising Code Section 17-12-26, relating to the budget of the council, as follows:
"17-12-26. The council shall prepare and submit to the director of the Office of Planning and Budget its budget estimate necessary for fulfilling the purposes of this chapter in accordance with Code Section 45-12-78. The council shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this chapter."

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SECTION 34. Said chapter is further amended by revising subsection (f) ofCode Section 17-12-28, relating to appointment of investigator, role and responsibilities, compensation, and promotions, as follows:
'(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties.'

SECTION 35. Said chapter is further amended by revising Code Section 17-12-31, relating to employment of additional personnel, as follows:
'17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors ifthe employment of such additional personnel is provided for by local law or if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit in the manner and in an amount fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit.'

SECTION 36. Said chapter is further amended by revising Code Section 17-12-33, relating to assistant public defenders' private practice of law prohibited and admission to the bar of Georgia, as follows:
'17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender.'

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SECTION 37. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, as follows:
'(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its rules, regulations, policies, and standards, including, without limitation, caseload standards, as the council adopts;"

SECTION 38. Said chapter is further amended by adding a new subsection to Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, to read as follows:
"(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive ofbenefits, if the judicial circuit was not operating an alternative delivery system."

SECTION 39. Said chapter is further amended by revising Code Section 17-12-50, relating to definitions, as follows:
"17-12-50. As used in this article, the term:
( 1) '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 a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term shall 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 or any other attorney who is paid from public funds to represent an indigent person in a criminal case."

SECTION 40. Said chapter is further amended by revising subsection (c) ofCode Section 17-12-51, relating to the repayment of attorney's fees as a condition of probation, as follows:
"(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 such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the probation department

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to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury.'

SECTION 41. Said chapter is further amended by revising Article 4, relating to mental health advocacy for insane, as follows:

'ARTICLE 4

17-12-80. (a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director. (b) The council shall establish rules and regulations to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks' Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system. (c) The governing authority shall advise the circuit public defender, if applicable, or the administrator ofthe indigent defense system for the jurisdiction ofthe name ofeach person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person's application for services.'

SECTION 42. Said chapter is further amended by revising Article 6, relating to the Georgia Capital Defender, as follows:

'Reserved.'

SECTION 43. This Act shall become effective on July 1, 2008; provided, however, that for purposes ofthe appointment ofthe councilmembers and circuit public defender supervisory panel members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 44. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2008.

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REVENUE- INSURANCE- INCOME TAX CREDITS FOR BROADCASTING; STATE INSURANCE PREMIUM TAX CREDITS FOR JOB CREATION.

No. 730 (House Bill No. 1246).

AN ACT

To amend Title 48 and 33 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and insurance, so as to revise and change certain provisions regarding state taxation; to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to change certain provisions regarding income tax credits for existing business enterprises undergoing qualified business expansion by including broadcasting; to change certain provisions regarding income tax credits to business enterprises for leased motor vehicles by including broadcasting; to provide for state insurance premium tax credits for insurance companies located in certain counties designated as less developed areas; to provide for procedures, conditions, and limitations; to provide for assignment, carryover, and liability regarding such credits; to provide for powers, duties, and authority of the commissioner of community affairs and the Commissioner of Insurance; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (a) and paragraph (2) of subsection (e) of Code Section 48-7-40, relating to income tax credits for certain business enterprises, as follows:
'(a) As used in this Code section, the term: (I) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and

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broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (3) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries. Such term shall not include retail businesses.' '(2) Existing business enterprises shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier I counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year ifthe net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January I, 2006, and ending no later than taxable years beginning prior to January I, 2011.'

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SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, as follows:
"(a) As used in this Code section, the term: (I) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 48-7-40.12, relating to tax credits for qualified research expenses, as follows:
"(a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprise's Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less. (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (4) 'Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia."

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SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows:
'(a) As used in this Code section, the term: (I) 'Base year port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU 's), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January I, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU 's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries but shall not include retail businesses. (4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (5) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU 's) of product transported by way of a waterborne ship or vehicle through a port facility. (6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible

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manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section.'

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, as follows:
'(a) As used in this Code section, the term: (I) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (3) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year.'

SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-7-40.22, relating to income tax credits to business enterprises for leased motor vehicles, as follows:
'(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, child care businesses, or retail businesses. (3) 'Headquarters' means the principal central administrative office of a taxpayer.

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(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended.'

SECTION 7. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code section to read as follows:
'33-8-4.1. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4. (2) 'Existing business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4 which has operated for the immediately preceding three years a facility in this state. (b)( I) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all !59 counties in this state using a combination of the following equally weighted factors:
(A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. (2) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier I, counties ranked and designated as the seventy-second through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county. (d) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) ofthis Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county. (e) For business enterprises which plan a significant expansion in their labor forces, the commissioner ofcommunity affairs shall prescribe redesignation procedures to ensure that

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the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier.
(f)(l) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation ofthe job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under Code Section 33-8-4 equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the

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creation of such job. The number ofnew full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner oflnsurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created on or after January I, 2009, and prior to January 1, 2014. (g) Tax credits for five years for the taxes imposed under Code Section 33-8-4 shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (d) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The Commissioner of Insurance shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (h) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (i)(l) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in that calendar year may be carried forward for ten years

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from the close of the calendar year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one calendar year shall be limited to an amount not greater than 50 percent of the taxpayer's tax liability under Code Section 33-8-4 which is attributable to operations in this state for that calendar year. In tier I and 2 counties, the credit allowed under this Code section against taxes imposed under Code Section 33-8-4 in any calendar year shall be limited to an amount not greater than I00 percent of the taxpayer's tax liability under Code Section 33-8-4 attributable to operations in this state for such calendar year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (f) of this Code section must be applied against taxes imposed for the calendar year in which such credit is available and may not be carried forward to any subsequent calendar year. (j) The Commissioner oflnsurance may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section.'

SECTION 8. Said title is further amended by adding a new Code section to read as follows:
"33-8-4.2. (a) As used in this Code section, the term 'affiliated entity' means:
(I) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) ofthe Internal Revenue Code and which corporation has a tax liability under Code Section 33-8-4; or (2) An entity affiliated with a corporation, business, partnership, or limited liability company taxpayer, which entity has a tax liability under Code Section 33-8-4 and which entity:
(A) Owns or leases the land on which a project is constructed; (B) Provides capital for construction of the project; and (C) Is the grantor or owner under a management agreement with a managing company of the project. (b) In lieu of claiming any tax credit under Code Section 33-8-4.1 for which a taxpayer otherwise is eligible for the calendar year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's precredit tax liability under Code Section 33-8-4), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such calendar year by attaching a statement to the taxpayer's return for the calendar year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. In the case ofany credit that must be claimed in installments in more than one calendar year, the election

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under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the Commissioner of Insurance with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. Once made, an election under this subsection shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its tax return under Code Section 33-8-4 identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor ofthe credit. Such assignor shall be permitted to use any such carryover itself and also shall be permitted to assign such carryover to one or more affiliated entities, as if such carryover were a tax credit under Code Section 33-8-4.1 for which the assignor became eligible in the calendar year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax under Code Section 33-8-4 (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit.'

SECTION 9. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January I, 2008. (b) Sections 7 and 8 shall become effective on January I, 2009.

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

Approved May 14, 2008.

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EDUCATION - STATE GOVERNMENTWRITE OFF OF SMALL AMOUNTS; NONLAPSING REVENUE.

No. 731 (House Bill No. 1183).

AN ACT

To amend 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 system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May I, 2006 (Ga. L. 2006, p. 686), so as to eliminate a June 30,2008, repeal of a certain provision of said Act; to amend Article 1 of Chapter 16 ofTitle 50 ofthe Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; 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 change certain provisions relating to nonlapsing ofrevenue ofinstitutions under the Department ofTechnical 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:

PART I SECTION 1-1.

(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 system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May I, 2006 (Ga. L. 2006, p. 686), 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; and Sections 2 and 3 ofthis Act shall be repealed in their entireties on June 30, 2006.' (b) The purpose of subsection (a) of this section is to eliminate the June 30,2008, 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.

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SECTION 1-2. Article I of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, as follows:
'(b)(!) All state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the institution ofthe Department of Technical and Adult Education may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board ofRegents ofthe University System ofGeorgia or the Department ofTechnical and Adult Education, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department. This paragraph shall stand repealed and reserved effective July I, 20 I0. (2) On and after July I, 20 I0, all state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter

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the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department.'

PART II SECTION 2-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article-2 Qf Chapter 3, relating to the university system, by revising Code Section 20-3-86, relating to non lapsing revenue of institutions in the university system, as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on June 30, 2010."

SECTION 2-2. Said title is further amended by revising Code Section 20-4-21.1, relating to nonlapsing revenue of institutions under the Department of Technical and Adult Education, 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, 2010."

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PART III SECTION 3-1.

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

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2008.

REVENUE -HOTEL MOTEL TAX; HORSE PARK.
No. 732 (House Bill No. 302).
AN ACT
To amend Code Section 48-13-51 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 in certain counties and municipalities; 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 48-13-51 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 repealing subparagraph (a)(3.7)(C) which reads as follows:
"(C) In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph and in which an international horse park used in Olympic Games competition is in operation prior to January 1, 1999, shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be

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subject to the provisions of subparagraph (A) of this paragraph requiring expenditure through a contract or contracts with certain entities."

SECTION 2. Said Code section is further amended in subsection (a) by adding a new paragraph (3.8) to read as follows:
"(3.8)(A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 8 percent if there is located in such county or municipality an international horse park which was used in Olympic Games competition and which was in operation prior to January 1, 1999. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 4 percent for the purpose of:
(i) Promoting tourism, conventions, and trade shows; or (ii) Supporting a publicly owned facility operated for convention and trade show purposes or any other similar or related purposes; (B) Amounts expended pursuant to subparagraph (A) of this paragraph shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. (C) In addition to the other amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 8 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be subject to the provisions of subparagraph (B) of this paragraph requiring expenditure through a contract or contracts with certain entities."

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 14, 2008.

REVENUE- I PERCENT TRANSPORTATION TAX; REGIONAL COMMISSION AREAS; MOTOR FUEL TAX EXEMPTION; PUBLIC TRANSIT SYSTEMS.
No. 743 (House Bill No. 1035).
AN ACT
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for a I percent sales tax to be used to fund transportation purposes in regional commission areas within the state; to provide for the development of a list of transportation purposes and projects by the regional development commission in cooperation with the Department of Transportation; to provide for an opt out of the plan by the county governing authority in each county within the regional commission area; to provide for the regional commission to pass a resolution calling for a referendum within the participating counties; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in regional accounts with the Department of Transportation; to provide for the Department ofTransportation to implement the contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; to provide for a phase in of the transportation purposes fund in the Department ofTransportation; to amend Code Section 48-9-3 ofthe Official Code ofGeorgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for a conditional effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article to read as follows:

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"ARTICLE 5

48-8-220. (a) As used in this Code section, transportation purposes shall include, but not be limited to, roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services. (b) In accordance with the provisions of Article IX, Section IV, Paragraph V of the Constitution, on or after July I, 2009, a sales and use tax of I percent, limited to a specified period oftime, to fund transportation purposes in a regional commission area may be levied as provided in this Code section. (c) There are created within this state special transportation districts. The geographical boundary of each regional commission area, as defined in Article 2 of Chapter 8 of Title 50, shall correspond with and shall be conterminous with the geographical boundary ofone of the special transportation districts. When the levy of a regional area transportation tax is authorized according to the procedures of this Code section, the counties within the special transportation district shall levy a sales and use tax. The tax under this Code section shall be collected by the Department of Revenue and deposited with the Department of Transportation to be expended within the special transportation district and shall be levied within such special transportation district only upon approval by a majority of the qualified voters residing within the limits of the special transportation district, as tabulated by a district-wide vote, voting in a referendum thereon. (d) Prior to calling for the referendum authorized by this Code section, the regional commission shall create, in cooperation with the Department of Transportation, a list of transportation purposes to be funded within the special transportation district. The formulation ofthe list oftransportation purposes shall conform to federal transportation law where applicable. In order to be approved, the list shall receive a majority vote of the publicly elected members of the regional commission. In addition, and also by a majority vote, the regional commission shall determine the maximum period of time the tax shall be levied, and the maximum cost of such projects for transportation purposes. The proposal shall then be submitted for approval to each county governing authority within the regional commission area. Each county governing authority shall have 45 days from the time the list is approved by the regional commission to vote to opt out of the special transportation district for purposes of levying the tax authorized by this Code section. In order for a county governing authority to opt out of the special transportation district, a majority vote of the county governing authority shall be required. If any county governing authority opts out of the proposal, any of the other county governing authorities in the regional commission area shall have I 5 days in which to reconsider voting to opt out, at the discretion of the county governing authority. If a county governing authority opts out of the special transportation district, no referendum shall be held in that county and no tax under the provisions of this Code section shall be levied in that county. The counties that do not opt out of the special transportation district, within the time limits prescribed in this

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Code section, shall be the taxing authorities for purposes of any tax under the provisions of this Code section. (e) After the votes to opt out are completed by the county governing authorities, the regional commission, in cooperation with the Department ofTransportation, may revise the list of transportation purposes, if necessary, to amend any projects on the list that were planned in a county that has elected to opt out of the special transportation district. Upon the completion of the revision of the list, the regional commission may, upon a majority vote of the publicly elected members, pass a resolution calling for a referendum of the qualified voters voting on the referendum in the participating counties in the special transportation district to approve or disapprove of the levy of the tax provided for in this Code section. (f) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the tax and for submitting the question again to the voters in the event the tax is not approved shall correspond generally to the procedures provided for by Part I of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county I percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (g) A resolution by the regional commission calling for the levy of the tax and the ballot submitting the question of the levy of the tax to the voters of the special transportation district shall describe:
(I) The specific transportation purposes to be funded; (2) The approximate cost of such projects for transportation purposes, the total cost of which shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years, for which the tax may be levied. (h) If the tax provided for in this Code section is approved by a majority of the voters in the special transportation district, the tax shall be levied by the participating counties in the special transportation district. The funds received from the tax shall be collected by the Department of Revenue and deposited in accounts managed by the Department of Transportation that are divided according to the special transportation district from which the funds were collected. Under the authority ofArticle IX, Section IV, Paragraph V of the Constitution, these funds shall be used for transportation purposes and projects on the list approved by the voters in the special transportation district. The Department of Transportation shall be responsible for designing, planning, and contracting for the construction of the projects. (i) Nothing in this Code section shall prohibit counties and municipalities located in the special transportation district from imposing as additional taxes local sales and use taxes authorized by general law.

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G) The tax imposed pursuant to this Code section shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (k) The tax imposed pursuant to this Code section shall not apply to and shall not be levied on:
(I) The sale or use of any type of fuel used for off road heavy-duty equipment, off road farm or agricultural equipment, locomotives, aircraft, or watercraft; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes ofthis paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways; (3) The sale or use of tangible personal property used in the production or generation of energy; or (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale. (I) Except as otherwise specifically provided in this Code section, the tax imposed pursuant to this Code section shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that the tax imposed pursuant to this Code section shall be levied on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3. (m) The tax imposed pursuant to this Code section shall only be levied on the first $5,000.00 of any transaction subject to the tax. (n) An amount equal to not less than I00 percent of the total amount of proceeds collected in a special transportation district shall be expended within that special transportation district on transportation purposes as approved in the referendum of the voters in the special transportation district and shall not be subject to any existing fund allocation or distribution requirements. (o) The Department of Transportation shall conduct continuing studies and monitoring of the status of economic parity throughout the State of Georgia for the contracting of transportation projects with particular emphasis on the procurement practices of the department.

48-8-221. The phase in of the transfer of a portion of the sales and use tax on motor fuels to the fund in the Department of Transportation to be designated solely for transportation purposes, provided for in Article III, Section IX, Paragraph Vl(b)(2) of the Constitution, shall be as follows:
(I) As of July 1, 2010, 50 percent of the applicable amount collected in the previous fiscal year shall be transferred to the transportation purposes fund; and (2) As of July I, 2011, and annually thereafter, 100 percent of the applicable amount collected in the previous fiscal year shall be transferred to the transportation purposes fund.n

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SECTION 2. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (A) and (B) of paragraph (10) of subsection (b) as follows:
"(I O)(A) During the period of July 1, 2008, through June 30, 2010, 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, 2008, through June 30,2010, 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."

SECTION 3. Section 1 of this Act shall become effective on January 1, 2009; provided, however, that this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to authorize additional funding sources for transportation purposes. If such resolution is not so ratified, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. Section 2 of this Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

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PROFESSIONS- STATE CONSTRUCTION INDUSTRY LICENSING BOARD; ELECTRICAL CONTRACTING.

No. 744 (House Bill No. 611).

AN ACT

To amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, so as to provide for changes to the restrictions of Class I licenses for electrical contracting; 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 43-14-6 of the Official Code ofGeorgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, is amended by revising paragraph (I) of subsection (a) as follows:
(I) Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates. The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving multifamily structures of not more than two levels or single family dwellings of up to three levels. In addition, the structures shall have single-phase electrical installations which do not exceed 400 amperes at the service drop or the service lateral. Class II licenses shall be unrestricted The Division of Master Plumbers and Journeyman Plumbers shall approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Low-voltage Contractors shall approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses

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shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;'

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

Approved May 14, 2008.

DEDICATE MULTIPLE PORTIONS OF STATE HIGHWAY SYSTEM.
No. 745 (House Resolution No. 1023).
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, at the direction of President Franklin D. Roosevelt, the United States Army Air Corps formed the 99th Fighter Squadron at Tuskegee Institute to train black fighter pilots who, until that time, had not been accepted into pilot training programs in the military; and
WHEREAS, after receiving their training, the Tuskegee Airmen were sent to the European Theatre of Operations in 1943 and served in combat in North Africa, Sicily, and Europe; and
WHEREAS, the Tuskegee Airmen became the first squadron to sink a naval destroyer with only machine guns and the first to shoot down a German jet fighter during World War II; and
WHEREAS, by the end of World War II, the Tuskegee Airmen had been credited with 261 enemy aircraft destroyed; 148 enemy aircraft damaged; 940 units of enemy ground transportation destroyed or damaged; 15,553 combat sorties in 1,578 missions over North Africa, Sicily, and Europe; and more than 200 bomber escort missions without losing a bomber to enemy fighters; and
WHEREAS, the unit and its officers and enlisted personnel received three Presidential Unit Citations, 150 Distinguished Flying Crosses and Legions of Merit, the Red Star of Yugoslavia, nine Purple Hearts, 14 Bronze Stars, and more than 700 Air Medals and clusters; and

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WHEREAS, sixty-six of the Tuskegee Airmen were killed in combat, and another 33 were shot down and held as prisoners of war; and

WHEREAS, the unqualified success of the Tuskegee Airmen led to the eventual integration of the United States armed forces; and

WHEREAS, the superior record of the Tuskegee Airmen in World War II was accomplished by individuals who bravely accepted the challenge and proudly displayed their skill and determination in the face of racism and bigotry at home and who continued to contribute to this country after their military service in World War II; and

WHEREAS, the Tuskegee Airmen, Inc., is an education and community service organization dedicated to maintaining the traditions ofthe Tuskegee Airmen and preserving the legacy of the first generation of African American military aviators of the Second World War with 42 chapters throughout the United States, and it has consistently provided inspiration, motivation, mentoring, and role models for elementary, middle, and high school students in this country; and

WHEREAS, it is only fitting and proper that Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 should be dedicated in honor ofthese brave individuals as the Tuskegee Airmen Parkway.

PART II WHEREAS, Roderick Steele was a slave boy born about 1847; and

WHEREAS, Roderick Steele's owner was James Potter, Trustee for I.A. Potter Estate; and

WHEREAS, slaves from the fields were used to help defend the Confederate line at Monteith and obstruct the Augusta Road to Savannah as General Sherman marched from Atlanta to the Sea and this was documented by Major Alfred L. Hartridge in The Seige ofSavannah in December, 1864; and

WHEREAS, according to folklore, Roderick Steele drove the water wagon and provided water to all Confederate and Union soldiers during the battle at Monteith; and

WHEREAS, the slaves' assistance helped Confederate soldiers to detour General Sherman's army through Mulberry Grove Plantation; and

WHEREAS, the actions of Roderick Steele and other slaves helped save Savannah from destruction by prolonging General Sherman's march to Savannah; and

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WHEREAS, he is buried in the historic Richmond Church Cemetery which is located in Port Wentworth, Georgia; and

WHEREAS, it is only fitting that the life of this courageous man be memorialized by dedicating a lasting monument in his honor.

PART III WHEREAS, impresario, music pioneer, and savvy businessman Phil Walden nurtured and gave voice to hundreds of musicians who contributed to shaping America's music history, from Southern rock to rhythm and blues to alternative rock; and

WHEREAS, born in Greenville, South Carolina, on January II, 1940, the second of three sons to Mr. and Mrs. C.B. Walden, Phil Walden came to Macon, Georgia, at the age ofthree, planting his roots deep in this state's red clay; and

WHEREAS, in 1960, he opened the Phil Walden Artists and Promotions agency on Mulberry Street in Macon, signing on a young Georgia artist named Otis Redding, who later had one of the defining songs of the era, "(Sittin' on the) Dock of the Bay"; and

WHEREAS, over more than four decades, Phil Walden, through his Georgia based recording companies Capricorn Records and Velocette Records, represented and produced some of the hottest musical talent of the times, including renowned hit-makers Sam and Dave, Percy Sledge, the Allman Brothers Band, the Marshall Tucker Band, the Dixie Dregs, Elvin Bishop, Wet Willie, Widespread Panic, Cake, and 311, establishing Georgia as a haven for Southern music that draws both musicians and music fans from around the world to Macon and Atlanta; and

WHEREAS, through his friendships with and promotion of artists of diverse races, Phil Walden broke down racial barriers during a time of segregation, allowing music to become a common ground for understanding and relationship building that has spanned generations of music fans, for which he was recognized with the 1977 Martin Luther King, Jr., Humanitarian Award and the 1978 American Jewish Committee Human Relations Award; and

WHEREAS, with his lifelong passion for music, his uncanny ability to recognize talent, and his gift for promotion, Phil Walden made an indelible mark on music history and was a true son of the South in preserving the notes and voices of some of Georgia's best artists, which led to him being inducted into the Georgia Music Hall of Fame in 1986 and to being named one ofthe "1 00 Georgians to Shape the 20th Century" by Georgia Trend magazine in 2000.

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PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 is dedicated as the Tuskegee Airmen Parkway.

BE IT FURTHER RESOLVED that the interchange at I 16 and Business Route 41 at the Otis Redding Bridge be dedicated as the Phil Walden Memorial Interchange.

BE IT FURTHER RESOLVED that the viaduct from Monteith to Meinhart over I-95 in Port Wentworth, Georgia, is dedicated as the Roderick Steele Viaduct.

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 Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to the Atlanta Chapter of the Tuskegee Airmen, Inc., to the North Port Wentworth Citizens Council, and to the family of Phil Walden.

Approved May 14, 2008.

CRIMES- REVENUE- STATE INCOME TAX; REVISE AND MODERNIZE MULTIPLE PROVISIONS.
No. 746 (House Bill No. 1151).
AN ACT
To amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to revise and modernize certain provisions regarding state income tax; to revise provisions relative to adjustment oftaxable income with respect to income from federal obligations and certain other obligations; to change certain provisions regarding organizations exempt from state income tax; to change certain requirements regarding consent agreements; to change certain substantiation requirements

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regarding the tax credit for private driver education courses; to provide for certain electronic filing requirements; to define the terms "distribution credited" and "distribution paid" with respect to current income tax payments; to authorize certain elections regarding lump sum distributions with respect to withholding requirements for income tax; to revise and change certain provisions regarding withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies; 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. Titles 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (d)(2)(E) of Code Section 16-12-22 .I, relating to raffle licenses, as follows:
'(E) A statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;'

SECTION 2. Said title is further amended by revising paragraph (3 .I) of Code Section 16-12-51, relating to definitions pertaining to bingo, as follows:
'(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 which is exempt from taxation under the income tax laws of this state under Code Section 48-7-25; 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 3. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 16-12-53, relating to bingo licensing procedures, as follows:
'(5) A statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25;'

SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-21, relating to taxation of corporations, by revising subparagraph (b)( I )(B) as follows:
'(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are

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includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income."

SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 48-7-25, relating to organizations exempt from Georgia income tax, as follows:
'(a) The following organizations shall be exempt from taxation imposed by Code Section 48-7-21 as indicated:
(1) Subject to subsections (b) and (c) of this Code section, those organizations which are exempt from federal income taxation pursuant to Section 501(c), 50l(d), 501 (e), 664, or 40 I of the Internal Revenue Code of 1986 shall be deemed to have similar exempt status for purposes of Code Section 48-7-21.; and (2) Insurance companies which pay to the state a tax upon premium income. (b)( I) An organizations exempt status under paragraph (I) of subsection (a) ofthis Code section shall be subject to review and revocation by the commissioner in accordance with the provisions of paragraph (2) of this subsection.
(2)(A) The commissioner may revoke the exempt status of any organization described in paragraph (I) of subsection (a) of this Code section when:
(i) The Internal Revenue Service revokes the exempt status of the organization; (ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted; (iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1986; or (iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization. (B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the commissioner in writing of the occurrence of any of the disqualifying events described in subparagraph (A) of this paragraph or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this state due to the revocation of exempt status shall be tolled as of the date of the occurrence of the disqualifying event or events described in subparagraph (A) of this paragraph. The commissioner at any time may require an

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organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumulation of income, and other data deemed necessary for the proper administration of this Code section.'

SECTION 6. Said title is further amended in Code Section 48-7-27, relating to computation of individual taxable net income, by revising paragraph (2) of subsection (b) as follows:
'(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality ofthe United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income.'

SECTION 7. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraph (2) of subsection (d) as follows:
'(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation shall execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for such Subchapter'S' corporation to be recognized for Georgia purposes. A consent agreement for each shareholder shall be filed by the corporation with its corporate tax return in the year in which the Subchapter'S' corporation is first required to file a Georgia income tax return. For a Subchapter'S' corporation in existence prior to January 1, 2008, the consent agreement shall be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008. A consent agreement shall also be filed in any subsequent year for any additional nonresident who first becomes a shareholder of the Subchapter'S' corporation in that year. Shareholders of a federal Subchapter'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments shall not be allowed unless tax was actually paid by such corporation."

SECTION 8. Said title is further amended in Code Section 48-7-29.5, relating to the tax credit for private driver education courses, by revising subsection (d) as follows:
'(d) No credit shall be allowed under this Code section unless the taxpayer has obtained written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course.'

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SECTION 9. Said title is further amended by revising Code Section 48-7-54, which is reserved, as follows:
48-7-54. The commissioner may require any nonindividual taxpayer to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Code of 1986 or Internal Revenue Service regulations. The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section.'

SECTION 10. Said title is further amended in Code Section 48-7-100, relating to definitions regarding current income tax payment, by revising paragraph (2.1) and adding a new paragraph to read as follows:
'(2.1) 'Distribution credited' means a recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company, including a net distributive share of income which is passed through to members and which may be subject to Georgia income tax. (2.2) 'Distribution paid' means any disbursement of funds of a partnership, Subchapter 'S' corporation, or limited liability company that is made to a member with respect to that member's interest in the entity and which may be subject to Georgia income tax.'

SECTION 11. Said title is further amended in Code Section 48-7-10 I, relating to withholding requirements for income tax, by adding a new subsection to read as follows:
(j)( 1) The payee of any nonperiodic payment may elect to have withholding made on distributions from a pension, annuity, or similar fund. Such an election shall remain in effect until revoked by the payee. (2) Upon such election by a payee as provided in paragraph (I) of this subsection, the payor of any nonperiodic payment shall withhold from such payment the amount specified by the payee, but in no event shall the amount withheld be less than the amount which would be required to be withheld if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (3) The commissioner shall be authorized to prescribe forms and to promulgate rules and regulations setting forth the requirements for withholding from such nonperiodic payments and the requirements for making elections to withhold.'

SECTION 12. Said title is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies, as follows:

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'48-7-129. (a)(l) Any partnership, Subchapter'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or any distributions credited but not paid to members who are not residents of Georgia, except as provided in subsection (c) of Code Section 48-7-24. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or the distribution credited but not paid by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (3) Any partnership, Subchapter'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b){l) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter'S' corporations, or limited liability companies on behalfoftheir nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes ofthis subsection, the term 'composite return' means a return filed by a partnership, Subchapter'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. (2) Where a partnership, Subchapter'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing such composite return, such partnership, Subchapter'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section. (3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article. (c)(l) If a partnership, Subchapter'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the

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amount which should have been withheld. The partnership, Subchapter'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article. (d)( I) Every partnership, Subchapter'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner as follows:
(A) Taxes deducted and withheld on distributions paid by a partnership, Subchapter'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the last day of the calendar month following the calendar month within which the distribution was paid; and (B) Taxes deducted and withheld on distributions credited but not paid by a partnership, Subchapter'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (2) Every partnership, Subchapter'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter'S' corporation, or limited liability company, the member's name and federal tax identification number, the total amount ofdistributions paid to the member during the taxable year, the total amount oftax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article.

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(e)(l) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if:
(A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are less than $1 ,000.00; (C) A federally chartered Subchapter'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter'S' corporation, or limited liability company shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. (2) Where distributions paid or distributions credited but not paid, or both, to nonresident members of partnerships, Subchapter'S' corporations, or limited liability companies are subject to withholding under other provisions ofGeorgia law or represent a return of such member's investment or a return of capital, such distributions shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section.'

SECTION 13. 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, 2008.

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

Approved May 14, 2008.

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STATE HIGHWAY SYSTEM MULTIPLE DEDICATIONS.

No. 747 (Senate Resolution No. 1055).

A RESOLUTION

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

PART I WHEREAS, Joel A. Katz is considered to be a definitive leader in the field of entertainment law; and

WHEREAS, more than 30 years ago, he founded Katz, Smith & Cohen, which became one of the nation's largest entertainment law firms; and

WHEREAS, his earliest clients included James Brown and a then unknown Willie Nelson and the client roster grew to include B.B. King, George Strait, Jimmy Buffet, Sheryl Crow, Sammy Hagar, Kenny Chesney, Alan Jackson, James Taylor, Josh Groban, and Brooks and Dunn; and

WHEREAS, in 1998, he merged his firm with the international law firm Greenberg Traurig and took on the position of co-managing shareholder of the Atlanta office; and

WHEREAS, Katz also serves as a music industry representative for the State of Georgia Film, Video, and Music Advisory Commission, appointed by Governor Sonny Perdue; and

WHEREAS, in 1995, he was inducted into the Georgia Music Hall of Fame as the first and only attorney ever to receive that honor; and

WHEREAS, in 2002, he received the "Heroes Award" from the Atlanta chapter of The Recording Academy and Georgia Trend magazine named him as one of the 100 most influential Georgians; and

WHEREAS, Katz received his law degree from the University of Tennessee in 1969 and in 1999, the newly constructed law library was named in his honor.

PART II WHEREAS, Jere C. Ayers, a lifelong resident of Madison County, died on May 13,2005, at the age of 91; and

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WHEREAS, "Mr. Jere," as he was known to all, was a uniquely dedicated and valued citizen of Madison County whose contributions to the public good and civic life ofthe county are too numerous to list in their entirety; and

WHEREAS, among Mr. Jere's accomplishments are his service in the United States Navy during World War II; his lifelong work in journalism, beginning with his employment as a youth at The Comer News, which his parents purchased in 1914 and of which he became owner and publisher in 1945, and his later service as the owner and publisher of Madison County Newspapers, Inc., The Comer News, and the Danielsville Monitor; his dedication to the Meadow Baptist Church where he served over 50 years as a deacon and 23 years as Sunday school director; his over 50 years of service as a Mason, Scottish Rite andY ork Rite; his 67 years with the Woodsmen of the World; his charter membership in the Madison County Rotary Club; his membership in the American Legion since World War II; his charter membership in the Comer Lions Club which honored him with its 50 Year Award; his service as a member of the Georgia House of Representatives in the 1950's; being the recipient of the 50 Year Medallion from the Georgia Press Association for 50 years of service to the newspaper industry; his service as a board member of the Madison County Library until his retirement; and his critical role in the acquisition ofthe Watson Mill Bridge State Park land; and

WHEREAS, Mr. Jere will be greatly missed by the citizens of Madison County for the vital role that he played in the county and for his stellar example of public service and commitment; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community, state, and nation; and

WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that a lasting memorial should be named in his honor.

PART III WHEREAS, the American Camellia Society has been in existence for over 60 years and is recognized as the leading camellia organization in the United States; and

WHEREAS, the Executive Director, Sandra Byrd, the staff, and the National Board of the American Camellia Society are proud of the contributions of all who have given oftheir time

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and support to the facility since its establishment in 1968 through a generous gift of 160 acres by the late Dr. Dave Strother; and

WHEREAS, the purposes of this nonprofit corporation, as stated in its articles of incorporation, are to promote interest in the genus Camellia L., scientific research in its culture, standardization of its varietal names, certification of new varieties, dissemination of information concerning the above, creation of a foundation to further these purposes, and promotion ofthe organization and affiliation oflocal Camellia Societies in the United States; and

WHEREAS, the mission ofthe American Camellia Society is to be a self-sufficient, national membership society committed to continually building its membership through offering world-class products, leading in camellia research and education, and being supported by efficient and effective organizational systems; and

WHEREAS, the American Camellia Society also owns and maintains a self-sufficient, public garden at Massee Lane in Fort Valley, Georgia, serving camellia lovers nationally as well as residents of the region and tourists; and

WHEREAS, during its 40 years of existence at Massee Lane Gardens, the society has provided a public garden, which has enriched the lives of countless Georgians and tourists who have visited the grounds in Peach County.

PART IV WHEREAS, the states of Louisiana, Mississippi, Alabama, Nevada, and Arizona have already dedicated the portions of US 80 within their borders in honor of the veterans of the Korean War; and

WHEREAS, US 80 runs from Columbus to Savannah, spanning the entire state of Georgia; and

WHEREAS, hundreds of thousands of men and women served in the Korean War and over 34,000 died and over 100,000 were wounded in combat; and

WHEREAS, despite the bitter cold and torturous terrain, these young Americans were the first to stand up against the threat of Communism; and

WHEREAS, many citizens of the State of Georgia bravely fought in the Korean War, proudly serving their country as members of the armed forces, with many suffering injury and loss of life and limb as a result of their service; and

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WHEREAS, Georgia takes great pride in these brave and honorable men and women who demonstrated their love for this country through their service; and

WHEREAS, the many Georgia veterans who served in the armed forces ofthis nation during the Korean War distinguished themselves and contributed substantially to this state in other ways as well; and

WHEREAS, this tribute to Georgia's Korean War veterans is long overdue and it is only fitting that this state honor them with this lasting memorial.

PARTY WHEREAS, Justice Clarence Thomas was born June 23, 1948, in Pin Point, Georgia, an enclave of 500 inhabitants south of Savannah on the Moon River. Named after the plantation that once stood on the land, Pin Point was divided up after the Civil War and given to the former slaves. It is easy to miss the tiny community where Clarence Thomas once lived; however, there is a sign at the turnoff noting that he was born there; and

WHEREAS, Justice Thomas was the second child and first son of Leola Williams and M. C. Thomas. His father abandoned the family when Thomas was two. After the wooden house they lived in burned down and their mother remarried, Thomas and his brother went to live with their grandfather, Myers Anderson, in Savannah; and

WHEREAS, Anderson had a profound influence on Thomass upbringing and character. In a time when African Americans were forced to the backs of buses, banned from restaurants, and denied employment opportunities, Anderson decided the only way to beat racism was to work for himself. As a result, he was able to provide his grandsons with a comfortable home, including things most people take for granted, such as three meals a day and indoor plumbing; and

WHEREAS, Anderson admonished his grandsons to work hard in school. After school, Thomas and his brother worked for their grandfather making fuel deliveries. Thomas often recalls how his grandparents had impressed on him that "school, discipline, hard work and 'right-from-wrong' were of the highest priority"; and

WHEREAS, Justice Thomas married Virginia Lamp, May 30, 1987, and they had one child, Jamal Adeen; and

WHEREAS, after high school, he attended Conception Seminary, 1967-1968; Holy Cross College, A.B. cum laude, Alpha Sigma Nu, Purple Key; and Yale Law School, J.D., 1974; and

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WHEREAS, he was nominated by President Bush as Associate Justice of the United States Supreme Court and took oath of office October 23, 1991; and

WHEREAS, it is only fitting that Justice Clarence Thomas, who rose from humble beginnings through hard work and discipline, be honored for his great achievements.

PART VI WHEREAS, PFC Robert Adrian Worthington, 19, ofJackson, Georgia, was assigned to the 4th Battalion, 9th Infantry Regiment, 4th Brigade, 2nd Infantry Division (Stryker Brigade Combat Team), based in Fort Lewis, Washington; and

WHEREAS, he died on May 22, 2007, in Taji, Iraq, of wounds sustained when an improvised explosive device detonated near his unit; and

WHEREAS, this courageous soldier, in the spirit of the American patriot, confronted the dangers, privations, and discomforts ofwartime service with 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.

PART VII WHEREAS, William Harvey Jewell, Sr., served in the United States Army and was a combat veteran of the Korean War; and

WHEREAS, William Harvey Jewell, Sr., was awarded two Bronze Star Medals, the Korean Service Medal, and the Combat Infantryman's Badge for his service in Korea; and

WHEREAS, following the Korean war, he returned to this area and served as Chief ofPolice in Willacoochee and Pearson before his passing in 1992; and

WHEREAS, it is fitting and appropriate to honor William Harvey Jewell, Sr., for his service to the United States of America and the State of Georgia by the naming of a lasting memorial in honor and memory of his service.

PART VIII WHEREAS, Shellie W. Parrish was born in Berrien County, married Lena Taylor ofBerrien County, raised his family in Berrien County, and lived his entire life in Berrien County until his passing on June 20, 1970; and

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WHEREAS, as a young farmer he employed good business practices and hard work to become one of the largest farmers in Berrien County; and

WHEREAS, he was a very successful farmer, but he was humble and charitable; and

WHEREAS, although he was encouraged by friends and neighbors, he never sought public office, but he was always a leader and a pillar of his community; and

WHEREAS, it is fitting and appropriate to honor Shellie W. Parrish for his exemplary life and service as a husband, father, and citizen of Berrien County with the naming ofthe SR 37 bridge on the Willacoochee River in his memory.

PART IX WHEREAS, Mr. Lucius Murphy Jacobs has been an unselfish citizen ofBerrien County with an unwavering commitment to helping others in both Berrien and Atkinson counties; and

WHEREAS, Mr. Jacobs has faithfully served the Grand Lodge ofFree and Accepted Masons of Georgia for 50 years, having served as Worshipful Master three times in his local lodge and served in each position of leadership in that lodge at least once; and

WHEREAS, as a Shriner, he is known throughout his community by the annual orange and grapefruit fund raiser to benefit the Shrine Hospitals; and

WHEREAS, he has also served as Fire Chief of the Volunteer Fire Department in his community and participated in numerous community service projects providing leadership and unselfish service to many good causes; and

WHEREAS, it is fitting and appropriate to honor Mr. Lucius Murphy Jacobs for his exemplary life and service as an unselfish and caring citizen of Berrien County by the naming of the US 82/SR 520 bridge on the Willacoochee River in his honor.

PART X WHEREAS, Virgil T. Barber served in the Third Chemical Battalion assigned to the Third Army, United States Army, from October 17, 1940, until March 26, 1945; and

WHEREAS, Virgil T. Barber served as a medical technician and served in the Sicilian campaign, the Italian campaign, and in France and Germany; and

WHEREAS, he was wounded on January 9, 1944, with a compound fracture in his right leg; and

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WHEREAS, Virgil T. Barber was awarded the American Defense Service Medal, the Silver Star, the Purple Heart, the European African Medal, and the Eastern Theatre Medal; and

WHEREAS, it is fitting and appropriate to honor Virgil T. Barber for his service to the United States of America, the State of Georgia, and Berrien County with the naming of the SR 125 bridge on the Willacoochee River in honor of his service.

PART XI WHEREAS, Hubert F. Comer served in the United States Navy and was assigned to the USS Rich, a destroyer escort during the Normandy invasion in June 1944; and

WHEREAS, the USS Rich hit three German mines off the Normandy coast two days after the Normandy invasion; and

WHEREAS, Hubert F. Comer was listed among the missing, and his body was never recovered; and

WHEREAS, Hubert F. Comer was awarded the American Area Campaign Medal, the European-African-Middle Eastern Area Campaign Medal, and the Purple Heart; and

WHEREAS, it is fitting and appropriate to honor Hubert F. Comer for his service and ultimate sacrifice in that service to the United States of America, the State of Georgia, and Berrien County by the naming of the SR 37 bridge on Cat Creek in honor and memory of his service and sacrifice.

PART XII WHEREAS, William J. Livsey was born June 8, 1931, at Clarkston, Georgia, where he attended the public schools and there distinguished himself in scholastics and athletics; and

WHEREAS, after graduating from Clarkston High School he attended North Georgia College where he further excelled scholastically and athletically, and he completed the Reserve Officer Training Corps curriculum, graduating in June 1952, whereupon he was commissioned a Second Lieutenant in the United States Army; and

WHEREAS, shortly thereafter, he served as a platoon leader in the Korean War, earning the Silver Star for gallantry in action; and

WHEREAS, he continued to distinguish himself in his military career seeing further combat duty in Viet Nam as Commander of an infantry battalion; rising through every level of command position while serving in the United States and in four subsequent overseas tours, and culminating his career with assignment as Commander in Chief, United Nations

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Command/Commander in Chief, Combined Forces Command/Commander, United States Forces, Korea/Commanding General, Eighth United States Army; and

WHEREAS, his military education included completion of the Army's Command and General Staff College (where he was first in his class), the Armed Forces Staff College, and the Army War College; and

WHEREAS, awards and decorations received by him also include the Defense Distinguished Service Medal, the Legion of Merit with three Oak Leaf Clusters, the Distinguished Service Medal with Oak Leaf Cluster, the Distinguished Flying Cross, the Bronze Star Medal with "V" Device, and the Army Commendation Medal with "V" Device (with two Oak Leaf Clusters); and

WHEREAS, General Livsey retired in 1987 after attaining the rank of four-star General, one of only four Georgians ever to be so recognized by the United States Army; and

WHEREAS, after his retirement General Livsey served the people of our state as a member of the Board of Trustees of North Georgia College and State University, his alma mater; and

WHEREAS, throughout his career of service around the world, General Livsey continually maintained his home in our State of Georgia, residing today at his residence in Fayette County with his wife Bena Sue Bums Livsey, originally of East Point; and

WHEREAS, General Livsey is credited with being among the first, if not the first, to remind us that "Freedom is not Free"; and

WHEREAS, the life of unselfish service of General William J. Livsey has been dedicated to securing and preserving the blessing of freedom to the people of the United States of America, bringing honor and pride to his native State of Georgia.

PART XIII WHEREAS, Sergeant Callahan was born on March 17, 1919, in Taylor County, Georgia to William and Jewell Callahan; and

WHEREAS, Sergeant Callahan graduated from Butler High School and continued his education at Georgia Southwestern College and the University of Georgia Cotton Classification School; and

WHEREAS, he was drafted in 1941, entered the Army, and was assigned to U.S. Army Air Corps, where he was trained as an air traffic controller and stationed at Pacos Army Air Field in Texas; and

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WHEREAS, as World War II came to a close Sergeant Callahan was shipped to Madison, Wisconsin to be discharged, and as was the custom there, while waiting for their official discharge soldiers were permitted to go into town each day and earn extra income; on one such day Sergeant Callahan took a construction job and while more than 13 floors up, an act of God caused a gust of wind that blew a sheet of plywood into Sergeant Callahan causing him to fall over the edge of the building to his death; and

WHEREAS, Sergeant Callahan was in uniform and still a soldier in the Army at the time of his accident, and he is believed to be the only fatal casualty in south Taylor County during World War II.

PART XIV WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and

WHEREAS, he was a lifelong resident ofManchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and

WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and

WHEREAS, he served as Representative of House District 91 from 1987 untill992; and

WHEREAS, he was a member ofthe National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient ofthe Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School

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Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and

WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory.

PART XV WHEREAS, Corporal Michael Douglas Young served with the Georgia State Patrol from 1985 until his death in 2006 at the age of 47; and

WHEREAS, he succumbed to injuries sustained in an automobile accident on 1-95, in Glynn County, Georgia; and

WHEREAS, he was responding to a call to assist another officer who was involved in a vehicle pursuit when the tragic accident occurred; and

WHEREAS, Corporal Young is survived by his wife, Martha; his daughters, Morgan and Mickey; his granddaughter, Mikale; and his grandson, Maguire; and

WHEREAS, it is only proper and fitting to honor Corporal Young's courageous service to the people of Georgia by dedicating an interchange on 1-95 in his memory.

PART XVI WHEREAS, James Roy "Pop" Lewis will always be remembered by the citizens of Lincoln County for his many contributions to the community and to the world of bluegrass and gospel music; and

WHEREAS, he was born in Pickens, South Carolina, on September 22, 1905, and at the age of five years old, he moved to Lincoln County, Georgia; and

WHEREAS, on October 25, 1925, at the age of 20, he eloped with the former Pauline Holloway with whom he had eight children; and

WHEREAS, through his leadership, The Lewis Family, also known as the "First Family of Bluegrass Gospel," moved from singing on front porches in the late 1940's to performing in such places as the Lincoln Center in New York City; the Grand Ole Opry in Nashville, Tennessee; and the Baird Auditorium at the Smithsonian Institute in Washington, D.C.; and

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WHEREAS, The Lewis Family holds the record for the longest running gospel music show in America, airing for 38 years from 1954 to 1992 on WJBF in Augusta, Georgia; and

WHEREAS, Pop Lewis received numerous awards including his induction into the Georgia Music Hall of Fame in 1992, his induction into the Southern Gospel Music Association Hall of Fame in 2000, the Distinguished Achievement Award from the International Bluegrass Music Association in 2001, and a Lifetime Achievement Award from SGN Scoops Magazine; and

WHEREAS, on the sad day of March 24,2004, at the age of98, Mr. Lewis departed this life.

PART XVII WHEREAS, PFC David G. Bryan was killed in action in Pleiku, Republic of South Vietnam, on June II, 1966; and

WHEREAS, he was a soldier in Company C, Second Battalion of the 28th Infantry; and

WHEREAS, he is believed to be the first soldier from Lumpkin County, Georgia, killed in action in Vietnam; and

WHEREAS, he was born on January 5, 1946, and was raised along the portion of road now to be dedicated in his honor; and

WHEREAS, it is only fitting to honor the memory of this courageous young man who went to war to defend freedom and liberty for all Americans.

PART XVIII WHEREAS, Bobby Staton was born in Rabun County, Georgia, and was raised in Clayton, Georgia; and
WHEREAS, he began his career with the Georgia State Patrol on July 7, 1968, and retired as a senior trooper on June 1, 2000, after 32 years of excellent service; and
WHEREAS, he was a dedicated trooper and a good and honest man; and
WHEREAS, Bobby was a master mason in Blue Ridge Lodge# 67 and was a member ofthe Blue Ridge First Baptist Church; and

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WHEREAS, he was a wonderful father and husband and leaves behind his beautiful wife, Claudia Cannon Staton, and their two children, son Cole Staton and daughter Shannon Staton; and

WHEREAS, Bobby Staton passed away on July 2, 2002, from cancer; and

WHEREAS, it is only fitting to dedicate a lasting memorial in honor of his life well lived and his tireless service to the people of Georgia.

PART XIX WHEREAS, Cleon Baker McCranie was born on May 22, 1919, to his proud parents, George Flowers McCranie, Jr., and Margaret Ellen Baker McCranie; and

WHEREAS, he was married on March 4, 1950, to Alice Nell McCranie, and they had two children, Margaret (Peggy) Ann McCranie and James (Jim) Baker McCranie; and

WHEREAS, he attended school at Willacoochee Elementary and Willacoochee High School and furthered his education at Gordon Military College; and

WHEREAS, his business background included tree farming, turpentine farming, and working in a partnership with his brothers; and

WHEREAS, Cleon was inducted into the United States Army on April 15, 1942, at Fort McPherson, Georgia, and served during World War II; and

WHEREAS, he served as a Technician 5th Grade in the Headquarters Battery of the 563rd Field Artillery Battalion, and he was one of the first soldiers to cross the Rhine River and enter Germany; and

WHEREAS, Cleon told his son, Jim, that he once was the front man in a Jeep that led his battalion through a German mine field; he was under the command of General George S. Patton, and was ordered to "Just drive down that road until you get blown up"; and

WHEREAS, he received many citations during his service, including a WWII Victory Medal, the Bronze Star, the American Theater Service Ribbon, the Good Conduct Medal, and a Purple Heart; and

WHEREAS, he received an Honorable Discharge on December 22, 1945, and returned to his horne and family where he lived a full life until he passed away on March 23, 1977.

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PART XX WHEREAS, Mr. Wayne Shackelford is a native of Carroll County, Georgia, where he attended the public schools; and

WHEREAS, he earned a Bachelor of Science degree in agriculture from Berry College and went on to graduate work at the University of Georgia; and

WHEREAS, in 1991, he was named by the State Transportation Board as the Commissioner of the Georgia Department of Transportation; and

WHEREAS, as commissioner of the Georgia Department of Transportation, he played an important role in the transportation, well-being, and quality of life of all Georgians; and

WHEREAS, under his leadership, the Georgia Department of Transportation completed the Commuter Rail Study in 1995 and the Intercity Rail Study in 1997; and he preserved essential freight rail corridors by acquiring ten rail lines totaling 281 miles and rehabilitating 12 rail lines totaling 251 miles; and

WHEREAS, he fostered the development of the most comprehensive traffic and incident management syStem in the world in time for the Centennial Olympic Games; and

WHEREAS, he was instrumental in the development of a unified transportation system in counties for nonemergency medical transportation as well as playing a key role in the purchase oftransit coaches and bus related facilities for Georgia's major transit systems; and

WHEREAS, he challenged Georgia DOT personnel to reduce their single occupancy vehicle commute rate in the metropolitan Atlanta area by 20 percent for the entire smog season, and those employees surpassed their goal two years in a row; and

WHEREAS, his service as chairman of the Intelligent Transportation Society of America, chairman of the Executive Committee of the Transportation Research Board, and president of the American Association of State Highway and Transportation Officials and the Southeastern Association of State Highway and Transportation Officials gave Georgia great respect in the U.S. Cor,gress and in the executive branch, and Georgia benefited financially therefrom; and

WHEREAS, given his many contributions to the State of Georgia it is the desire of the General Assembly to find a concrete expression for its gratitude, and it is only fitting and proper that he be recognized for his outstanding accomplishments and dedication in serving the citizens of our great state.

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PART XXI WHEREAS, Mr. Howard Rogers Youngblood was born in Banks County, Georgia, on May 2, 1927, and moved to the City of Madison in Morgan County, Georgia, when he was 12 years old; and

WHEREAS, at the age of 17, he entered the Merchant Marines as a seaman for two years, returning to Morgan County in 1946 to begin his career with the Georgia Department of Transportation as a resident engineer; he later served as head ofthe Maintenance Department for the Georgia Department of Transportation in Morgan County; and

WHEREAS, he began his dairy operation and became a member of the Dairy Association in 1953, and he became director of the Morgan County Farm Bureau in 1955, a position he held until his retirement from the board in 2007; and

WHEREAS, he has served on the board of the American Dairymen Association and the board of DHIA and was recognized as the Soil Conservation Man of the Year and the Georgia Distinguished Cooperator; and

WHEREAS, he has diligently and conscientiously devoted over 62 years to being a successful dairy farmer and an employee of the Georgia Department of Transportation; and

WHEREAS, he is a devoted husband to his wife, Mary Elizabeth Morris, and a devoted father, grandfather, and great-grandfather; and

WHEREAS, Mr. Youngblood has long been recognized by the citizens of this state for the vital role that he has played in community leadership and his deep personal commitment to his community and this state; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this distinguished Georgian be appropriately recognized.

PART XXII WHEREAS, William "Billy" L. Powell, Jr., began working with the Georgia Department of Transportation in 1963, and he worked his way up the ladder from engineering aide to transportation engineer II; and

WHEREAS, he retired in 1996 after 34 years offaithfu1 service, after which he worked with CPI Construction Company and Zel Engineers; and

WHEREAS, his first love in life was his family, his dear wife, Mary Alice, and his two daughters, and they were always on his mind, and his second love was fishing; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Mr. Powell was tragically killed by an unknown gunman a few days before Thanksgiving, 2005; and

WHEREAS, he is remembered in his community as a man ofstrong family values and moral fiber.

PART XXIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of US 41 from West Paces Ferry Road to Moores Mill Road in Fulton County be dedicated as the Joel A. Katz Parkway.

BE IT FURTHER RESOLVED that State Route 98 in Madison County from the traffic light at the intersection with State Route 72 in the City of Comer to the traffic light at the intersection with U.S. Highway 29 in the City of Danielsville is dedicated as the Jere Ayers Parkway.

BE IT FURTHER RESOLVED that, in recognition of40 years of service, the facility known as American Camellia Society Headquarters located in Fort Valley, Georgia, shall serve as the official state resource center for information and education on the horticultural aspects of the genus Camellia and the Department of Transportation is hereby authorized and directed to place and maintain appropriate signs so designating said facility.

BE IT FURTHER RESOLVED that the portion of US 80 located within the State of Georgia be dedicated as the Korean War Veterans Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers in Columbus, Macon, and Tybee Island, Georgia, dedicating the Korean War Veterans Memorial Highway.

BE IT FURTHER RESOLVED that the members ofthis body dedicate the interchange at the intersection oflnterstates 16 and 95 in Chatham County as the Clarence Thomas Interchange.

BE IT FURTHER RESOLVED that the members ofthis body dedicate the portion ofSR 81 between its intersections with US 19/41 and SR 3, in Henry County, as the PFC Robert Adrian Worthington Memorial Highway.

BE IT FURTHER RESOLVED that the bridge at the Alapaha River on US 82 on the Berrien-Atkinson County line, is dedicated as the William Harvey Jewell, Sr. Memorial Bridge.

BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 37 in Berrien County, Georgia, is dedicated as the Shellie W. Parrish Memorial Bridge.

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BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on US 82/SR 520 in Berrien County, Georgia, is dedicated as the Lucius Murphy Jacobs Bridge.

BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 125 in Berrien County, Georgia, is dedicated as the Virgil T. Barber Bridge.

BE IT FURTHER RESOLVED that the bridge at Cat Creek on SR 37 in Berrien County, Georgia, is dedicated as the Hubert F. Comer Memorial Bridge.

BE IT FURTHER RESOLVED that the portion of SR 314 North running from its intersection with SR 85 and running northerly to the Fayette County line shall be dedicated as the General Bill Livsey Highway.

BE IT FURTHER RESOLVED that the bridge over the CSX Railroad located in Rupert, Taylor County, Georgia, between mile markers North 5.3 and South 5.2 on US 19/SR 3 be dedicated as the SGT. William Morgan Callahan Memorial Bridge.

BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway.

BE IT FURTHER RESOLVED that the interchange on I-95 at the intersection with US 17 at Exit 29, in Glynn County, be dedicated as the Corporal Michael Douglas Young Memorial Interchange.

BE IT FURTHER RESOLVED that the portion of SR 378 in Lincoln County, Georgia, between the city limits of the City of Lincolnton and the Wilkes County boundary, be dedicated as the James Roy "Pop" Lewis Memorial Highway.

BE IT FURTHER RESOLVED that the portion of SR 115 starting at its intersection with Emory Stephens Road and extending easterly to the White/Lumpkin County line is dedicated as the PFC David G. Bryan Memorial Highway.

BE IT FURTHER RESOLVED that the bridge over Lake Burton on US 76 be dedicated as the Bobby Staton Memorial Bridge.

BE IT FURTHER RESOLVED that the westbound lane of the westernmost bridge over the Alapaha River on SR 82 at the Atkinson and Berrien County line as the Cleon Baker McCranie Memorial Bridge.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that the interchange at I-85 and SR 316, in Gwinnett County, Georgia, is dedicated as the Wayne Shackelford Interchange.

BE IT FURTHER RESOLVED that the bridge on US 441 over Sandy Creek in Morgan County be dedicated as the Howard Rogers Youngblood Bridge.

BE IT FURTHER RESOLVED that the bridge on State Route 104 at the Augusta Canal in Richmond County is designated as the William "Billy" L. Powell, Jr., Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place 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 resolction to the Department ofTransportation, to Joel A. Katz, to the Board of Commissioners of Madison County, to the American Camellia Society, to the Korean War veterans organizations within Georgia, to Justice Clarence Thomas, to the family of Robert Adrian Worthington, to the family of William Harvey Jewell, Sr., to the family ofShellie W. Parrish, to Lucius Murphy Jacobs, to Virgil T. Barber, to the family of Hubert F. Comer, to General Bill Livsey, to the family of Sergeant William Morgan Callahan, to the family of Leonard R. "Nookie" Meadows, to the family of Corporal Michael Douglas Young, to the family of James Roy "Pop" Lewis, to the family of PFC David G. Bryan, to the family of Robert "Bobby" Caroll Staton, to the family ofCleon Baker McCranie, to Mr. Wayne Shackelford, to Mr. Howard Rogers Youngblood, and to the family of William "Billy" L. Powell, Jr.

Approved May 14, 2008.

HIGHWAYS -UTILITY FACILITIES; REMOVAL, RELOCATION, OR ADJUSTMENT.
No. 748 (House Bill No. 1026).
AN ACT
To amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority ofthe Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of

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notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; 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 32-6-171 of the Official Code of Georgia Annotated, relating to the authority ofthe Department ofTransportation to order the removal, relocation, or adjustment of utility facilities, is amended by revising subsection (a) to read as follows:
'(a) Any utility using, occupying, or adjacent to any part of a public road which the department has undertaken to improve or intends to improve shall remove, relocate, or make the necessary adjustments to its facility when, in the reasonable opinion of the department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance. In undertaking such removal, relocation, or adjustment, if the department has notified the utility in writing that the facility constitutes an obstruction or interference with the construction, use, or safe operation of the roadway, then the utility shall be exempt from the requirements of Code Sections 22-1-10 and 22-1-10.1. Nothing in this Code section shall be construed so as to deprive any utility relocated from a location in which it owned a property interest of compensation for such interest.'

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

DEDICATE MULTIPLE PORTIONS OF STATE HIGHWAY SYSTEM. No. 749 (House Resolution No. 468). A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PART I WHEREAS, Sheriff D. J. Connell served Cook County as the sheriff for many years; and

WHEREAS, during his years of faithful service, he worked diligently, above and beyond the call of duty; and

WHEREAS, due to his hard work and dedication, the people of Cook County live in a safe, secure environment; and

WHEREAS, the Board of Commissioners of Cook County strongly believe that SheriffD. J. Connell should be honored for his service to the community; and

WHEREAS, it is only fitting to recognize his years of service to Cook County and the State of Georgia.

PART II WHEREAS, the veterans of service in the United States military have given of their time, energy, and sometimes their lives to secure the blessings of freedom for all the citizens of this great country; and

WHEREAS, the sacrifices these great men and women have made to protect our nation should never be taken for granted or allowed to fade into distant memory; and

WHEREAS, it is only fitting that a lasting tribute to memorialize the unselfish patriotism of these special men and women should be created to perpetuate the memory of their great sacrifices to protect our freedom.

PART Ill WHEREAS, Fred DeLoach, Jr., was born on May 17, 1929, in Valdosta, Georgia, to Fred DeLoach, Sr., and Cobbie Pedrick DeLoach; and

WHEREAS, he attended Central Grammar, Valdosta Junior High, and Valdosta High School and graduated from Gordon Military High School in 1944; and

WHEREAS, he continued his education at the University of Georgia and graduated with a Bachelor of Science degree in 1947; and

WHEREAS, Fred DeLoach, Jr., served as the chairman of the group that brought Gold Kist to Lowndes County; and

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WHEREAS, he owned and operated DeLoach Hardware from 1956 to 1990 and also did some farming; and

WHEREAS, he served as chairman of the Lowndes County Board of Commissioners from 1976 to 1992, and during this time, he also served as president of the Association County Commissioners of Georgia, chairman of the Board of Community Affairs, and as a member of Governor Joe Frank Harris's Growth Strategies Commission; and

WHEREAS, he is a member ofthe First Baptist Church, the Valdosta Country Club, the Elks Club, and the Chamber of Commerce; and

WHEREAS, it is only fitting that Fred DeLoach, Jr., be honored for his many contributions to his state and community by having a road dedicated in his honor.

PART IV WHEREAS, Charles Ray King was born in Waycross, Georgia, on March 27, 1949, the only son of Henry King, Jr., and Rosa Lee Turner King, and was a 1967 graduate of Ware County High School; and

WHEREAS, he lived in the Dixie Union area of Ware County where he worked on his father's farm; and

WHEREAS, he was drafted in 1969 and was sent to serve in Vietnam in 1970 where, on April 26, 1970, he was killed in action; and

WHEREAS, as a result of his gallantry and devotion to duty, he received the Bronze Star with an oak leaf cluster along with the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal; and

WHEREAS, he diligently and conscientiously devoted his time, talents, and energy toward the betterment of his community, state, and nation; and

WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his nation earned him the respect and admiration of his colleagues and associates; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and it is only fitting and proper that the bridge over the Satilla River on State Route 4/U. S. Route I in Ware County should be named in his honor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PARTY WHEREAS, Ottis L. Stonecypher, Sr., was born on February 8, 1930, at a private residence in Habersham County; he was the second of four children in his family; and

WHEREAS, he was raised on a farm in the Clarkesville-Mount Airy area and attended the Hills Switch School until he began his working life; and

WHEREAS, he had been married to Treelis Ward Stonecypher for almost 30 years at the time ofhis death and he had three children, five grandchildren, and two great-grandchildren; and

WHEREAS, he was killed in an automobile accident on May 13, 2002, while returning from a cattle sale; and

WHEREAS, Stonecypher's professional life was more than full, and he was known as many things to many people; he was a businessman, a farmer, a mentor, an advisor, a leader, a family man, and a friend; and

WHEREAS, at one point, he owned seven different Tastee-Freeze franchises all over Northeast Georgia; eventually he withdrew from the franchises and maintained two restaurants on his own, named Stoney's Family Restaurant, located in Clarkesville and Cleveland, Georgia; and

WHEREAS, Stoney was also an avid cattle farmer, averaging between 500 and 600 head of cattle at any given time, and particularly enjoyed this aspect ofhis life, joining several boards and committees related to farming; he was a board member with North Georgia Cattlemen's Association as well as the state-wide Georgia Cattlemen's Association, and he was on the Georgia Beef Board; and

WHEREAS, he won many awards during his life and after his death; the livestock pavilion at the Habersham County Fairgrounds was renamed and dedicated to Ottis Stonecypher, Sr., for his lifelong commitment to farming and raising cattle; the Habersham County Farm Bureau building was renamed Ottis Stonecypher, Sr. Building, and they awarded him the Outstanding Dedication and Leadership Award; the Georgia Farm Bureau honored Stonecypher with the Lifelong Commitment Award; he also received the Georgia and Habersham County Farm Bureau Community Leader Award and the Upper Chattahoochee Farm Family of the Year Award; and

WHEREAS, he was always very community-minded, staying involved in most all aspects of the betterment of Habersham County life; he was chairman of the board at Habersham County Medical Center, president of Habersham County Farm Bureau, and sat on its board;

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and he was also a board member of Georgia Farm Bureau and Community Bank and Trust; and

WHEREAS, Stonecypher was in the Charter Class of Leadership Habersham and was a member of the Mountaineer Shrine Club and Yaarab Temple; he was involved in many aspects of North Georgia community life and was well respected in all he did; and

WHEREAS, he was a Korean War Veteran and is buried in the VFW Cemetery in Demorest, Georgia; and

WHEREAS, everyone Stonecypher knew, and those who knew him, respected and admired him as a determined, hard worker and a self-made man; a person would be hard-pressed to find someone that did not like Stoney, as he would help anyone in any way he could, throughout his life; his legacy is one of dedication and hard work, compassion and generosity; he will be remembered as one of Northeast Georgia's finest citizens, and is greatly missed.

PART VI WHEREAS, Sergeant Michael C. Hardegree was recently killed in a tragic accident while serving his country in Baghdad, Iraq; and

WHEREAS, Michael was a native of Villa Rica, Georgia, where he grew up loving music and golf and graduated from Villa Rica High School in 2004; and

WHEREAS, after graduation, he carried on a family tradition of military service by becoming an army paratrooper, serving with valor and distinction during two tours of duty in Iraq; and

WHEREAS, this noble young soldier served with selfless patriotism and brought great honor to himself, his family, and his community; and

WHEREAS, Sergeant Hardegree is survived by his parents, Stan and Cindy Hardegree of Villa Rica, and his sister, Beth Shaw of Fort Monroe, Virginia; and

WHEREAS, it is fitting that we pay tribute to this brave warrior.

PART VII WHEREAS, Edwin Hamilton was a long-time resident of Emerson, Georgia; and

WHEREAS, he served his country in the Navy during Word War II; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, he managed the Colonial Food Store in Cartersville, Georgia, for many years; and

WHEREAS, he cooperated in allowing the acquisition ofhis homeplace for the construction of this road and bridge, even though he was displaced at a time in his life when relocating was very difficult for him and his wife; and

WHEREAS, Edwin Hamilton passed away in 2007 at the age of 86.

PART VIII WHEREAS, Reverend George W. Nealy was born on October 15, 1929, and died on December 21, 2007; and

WHEREAS, he spent many years of his life fighting for civil rights and, most notably for Webster County, Georgia, was involved in bringing about legal action that resulted in the formation of a multimember county commission in 1990 that guaranteed African American representation on the governing body of the county; and

WHEREAS, without Reverend Nealy's invaluable contributions, Webster County would not have achieved the level of interracial cooperation in governmental affairs that exists today.

PART IX WHEREAS, Cliff Shannon was tragically killed in a motorcycle accident on September 17, 2004; and

WHEREAS, Cliff, who was born on December I, 1956, served for nearly 30 years as a dedicated member of the Preston/Webster County Volunteer Fire Department; and

WHEREAS, his contribution and service to his community will always be remembered and his death has left a void that is yet to be filled.

PART X WHEREAS, Glenn E. Taylor was born in Paulding County in 1922 and was raised within a 60 mile radius of his birthplace; and

WHEREAS, prior to his passing on May I, 2006, he was a prominent citizen of Bartow County and the State of Georgia; and

WHEREAS, he was a well respected and successful businessman, having established several enterprises, including the Bankhead Welding Service, Bankhead Manufacturing Group, Inc., and Bankhead Railway Services, Inc.; and

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WHEREAS, Glenn E. Taylor was also well known for his support of many charitable and benevolent organizations and he often opened his home and farm to host a variety of charitable and worthwhile events, such as the Cartersville-Bartow County annual picnic and the Euharlee Farmers Barbeque; and

WHEREAS, he also set an example of unselfish public service while serving as past chairman and board member for the Georgia Department of Natural Resources for 23 years; and

WHEREAS, he had a deep love and respect for the land he farmed along SR 113 in Bartow County, and many prominent Georgians attended gatherings on his farm; and

WHEREAS, his most notable characteristic was his gentle nature and the kindness that he displayed in all aspects of his life; it can truly be said that to have known him was to have known a Southern Christian gentleman; and

WHEREAS, it is only fitting that a road be dedicated as a lasting monument to his contributions to the people of Bartow County and the State of Georgia.

PART XI WHEREAS, Trey Bartlett was a member in the United States Armed Forces, and he was serving his country in Iraq on July 15, 2007, when he lost his life at the young age of25; and

WHEREAS, Trey returned to military duty in Iraq after coming home at the time of his father's death; out of his dedication to serve our great country during this time of conflict, he chose to return to duty at a time when he could have been honorably discharged, but he would not have it any other way; and

WHEREAS, Benjamin Blake Bartlett, Sr., Trey's father, passed away on Aprill3, 2007, at the age of 63; and

WHEREAS, Anna Ruth Lee Bartlett (Ann), Trey's mother, passed away on May 13, 1991, at the age of 47, when Trey was only nine years old; and

WHEREAS, Trey's only sibling, his sister, Lura Lee Bartlett, passed away on September 23, 1997, at the age of 31; and

WHEREAS, prior to enlisting in the military, Trey resided in Talbot County, Georgia, with his father on the family homestead that is located on SR 41 between Woodland and Manchester, Georgia; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, it is only fitting that this young soldier have a road dedicated in his honor to serve as a lasting tribute of his service to his state and his country.

PART XII WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and

WHEREAS, he was a lifelong resident ofManchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and

WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and

WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and

WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and

WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory.

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PART XIII WHEREAS, Franklin Lee Dixon passed away on September 14, 2007; and

WHEREAS, it is the desire ofthe Rabun County Department of Education to honor Franklin Lee Dixon for his distinguished service to the citizens of Clayton and Rabun County; and

WHEREAS, Franklin Lee Dixon was born in Fannin County, Georgia, and was the son of the late Bruce Burrell Dixon and Laura Freeman Dixon; and

WHEREAS, Franklin Lee Dixon is survived by his wife, Joyce Ann Simmons Dixon; a son, Adam Dixon, and his wife, Jodi, of Clayton, Georgia; and three daughters, Dawn Shaw and her husband, Lee, of Flowery Branch, Georgia, Tara York and her husband, Bryne, of Tiger, Georgia, and Chantel Thompson and her husband, Robin, of Clayton, Georgia; and

WHEREAS, also surviving is one brother, Benjamin Bruce Dixon, ofDawsonville, Georgia, and ten grandchildren, Daniel C. Ramey, Jared Shaw, Connor Shaw, Anna Kate Shaw, O'Neil York, MacKenzie York, Keldon Dixon, Clayton Hunter Dixon, Abby Thompson, and Marley Thompson; and

WHEREAS, Franklin Lee Dixon was the Transportation Director for the Rabun County School System, and for 30 years, he drove Rabun County students to school and for many extracurricular activities and was active in the Athletic Booster Club where he filmed football games for many years, and he always took pride in all of the children of Rabun County, Georgia; and

WHEREAS, Franklin Lee Dixon took a special interest in caring for and assisting children with learning disabilities and never failed to conscientiously accept every driving assignment requested of him; and

WHEREAS, he was a member of Flat Creek Baptist Church, a Master Mason and member of Blue Mountain Lodge #38, and a veteran of the United States Army Reserve; and

WHEREAS, it is only right that this man's fruitful life be celebrated as he makes his home in heaven.

PART XIV WHEREAS, Michael R. Fortson was a native son of Rabun County who graduated from Rabun County High School in 1983 and immediately went to work for the City of Clayton Police Department; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, he later was accepted into the Georgia State Patrol where he served with distinction from 1986 until his untimely death on July 19, 2007; and

WHEREAS, Michael R. Fortson was a great asset to the community, a devoted husband and father, a caring brother, and a loving son to his parents, Willie and Hattie; and

WHEREAS, it is the desire of Rabun County to honor Michael R. Fortson for his distinguished service to the citizens of Clayton, Rabun County, and the State of Georgia.

PART XV WHEREAS, William "Billy" Harvey Jewell, Sr., was born on July 30, 1930, to William Riley Jewell and Johnnie Reva Newburn and spent the majority of his life living in Willacoochee, Georgia; and

WHEREAS, Mr. Jewell served in the United States Army from 1950 to 1952 and was a decorated war veteran ofthe Korean War having been awarded two Bronze Stars, the Korean Service Medal, and the Infantryman's Badge for his patriotism and courage; and

WHEREAS, during the early 1970's, Mr. Jewell became a police officer in Willacoochee and ultimately not only became Willacoochees police chief, but also chief of police in Pearson, Georgia; and

WHEREAS, Mr. Jewell was well respected and loved in his community and dedicated his life to ensuring that all in his community were safe; and while the number of his selfless deeds are countless, his heroism in saving the life of a child while camping in particularity shall always be remembered; and

WHEREAS, Mr. Jewell lived his life as an example to all and taught many lessons in life, not only to his family, but to all in his community who had the pleasure of knowing him; he was a man of integrity and love that will not soon be forgotten.

PART XVI WHEREAS, the veterans of service in the United States military have given of their time, energy, and sometimes their lives to secure the blessings of freedom for all the citizens of this great country; and

WHEREAS, the sacrifices these great men and women have made to protect our nation should never be taken for granted or allowed to fade into distant memory; and

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WHEREAS, it is only fitting that a lasting tribute to memorialize the unselfish patriotism of these special men and women should be created to perpetuate the memory of their great sacrifices to protect our freedom.

PART XVII WHEREAS, Carl Kelly began his military career by joining the Jackson National Guard, then called the Jackson Rifles, while he was still in his teens; and

WHEREAS, when WWII started, the Jackson National Guard was called upon to train for the war in Europe and Carl Kelly was promoted to 1st Sergeant before he left for Ireland to wait for the invasion at Normandy; and

WHEREAS, in St-Lo, France, he was wounded in action and awarded the first of his two bronze stars for gallantry and a Purple Heart; and

WHEREAS, when the Korean Conflict began, Sgt. Kelly was immediately sent to Korea where he was awarded a battlefield commission to 2nd Lieutenant after distinguishing himself as a leader of men; and

WHEREAS, after recuperating from a wound, he returned to battle and soon after was involved in a battle to save an artillery unit that had been ambushed; Lt. Kelly organized the artillerymen into fighting groups and with complete disregard for his safety, led attack after attack on the enemy forces; and

WHEREAS, his conspicuous actions served to center the enemy fire on himself, and finally he was struck by enemy fire and fell mortally wounded; and

WHEREAS, before he died he told a friend to tell his wife and children that he loved them very much and would see them in Heaven someday; and

WHEREAS, Lt. Kelly was in the military service for 11 years and received three Purple Hearts, three Bronze Stars, and a Silver Star, as well as many other service medals.

PART XVIII WHEREAS, Christmas Moultrie was born a slave on Mulberry Grove Plantation on Christmas Day, 1863; and

WHEREAS, Christmas Moultrie was the last child born into slavery on Mulberry Grove Plantation; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Christmas Moultrie lived most of his life on the Plantation as a renowned Savannah River market hunter; and

WHEREAS, Christmas Moultrie's expertise as a market hunter is documented in a book entitled Ward Allen, Savannah River Market Hunter by John Eugene Cay, Jr., copyright 1958;and

WHEREAS, Mulberry Grove Plantation was where President George Washington stayed during his only visits to Georgia in the 1790's as the guest of Catherine Greene, the widow of the Revolutionary War hero, General Nathaniel Greene; and

WHEREAS, Christmas Moultrie's grave is located outside Port Wentworth, Georgia, in historic Cherokee Hill Cemetery; and

WHEREAS, it is only fitting that the life of Christmas Moultrie be memorialized by dedicating an interchange in his honor.

PART XIX WHEREAS, portions of U.S. Highways 129, 78, and 278 and State Routes 47, 77, and 22 pass through historically significant regions ofthis state, especially with regard to Georgians who were leaders in the American Civil War; and

WHEREAS, recognizing and promoting the historical significance of this region could promote economic development through tourism.

PART XX WHEREAS, during the summer of 1864, six hundred Federal officers, prisoners ofwar, were placed in a residential area of Charleston, South Carolina, which was being shelled by Federal guns, night and day, since August of 1863; and

WHEREAS, in retaliation for erroneously alleged abuse of these Federal prisoners by Confederate authorities, on August 25, 1864, six hundred Confederate prisoners ofwar were selected from those confined at Fort Delaware to be used as human targets; and

WHEREAS, the six hundred Confederate prisoners were placed in a pine-wood stockade immediately in front of a military target, Battery Wagner, occupied by Federal artillery; and

WHEREAS, after 45 days of exposure to Confederate fire, there being no casualties, the Federal authorities decided to move the Confederates to Fort Pulaski in Georgia; and

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WHEREAS, while at Fort Pulaski, the remnant of the six hundred who had been determined to be physically able to be moved were fed wormy corn meal, pickles, and limited amounts of water. The men were intentionally starved. Clothing and blankets were withheld as well as firewood for warmth. It was one of the coldest winters in Georgia in many years; and

WHEREAS, the Confederates were consistently promised "fair" treatment ifthey would sign the oath of allegiance to the United States. These men had sworn an oath of allegiance to the Confederate States of America, their country, and the war was still being waged. They endured abuse that is hard to imagine; and

WHEREAS, upon completion ofthe War Between the States and the release of what was left of the six hundred by July 24, 1865, their story was being told by survivors and witnesses. They became known as "The Immortal Six Hundred" for their courage, strength, and fidelity to their country in the face of brutal retaliation for an alleged abuse that did not exist; and

WHEREAS, in 1876, the Southern Historical Society Papers contained the following statement by Captain George W. Ne1son of the Hanover Artillery ofVirginia in honor of The Immortal Six Hundred:
"The consequence of all this was that the prisoners died like sheep. Whatever the immediate cause of their death, that cause was induced by starvation, and over the dead bodies of nine-tenths ofthose brave, true men there can be given but one true verdict: 'Death by starvation."'

PART XXI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 is dedicated as the Sheriff D. J. Connell Memorial Highway.

BE IT FURTHER RESOLVED that the portion of SR 7 in Lowndes County and the City of Valdosta which was formerly known as Inner Perimeter Road and which runs from the intersection of said route with North Valdosta Road, thence generally eastward, thence generally southward, and thence generally southwestward to the intersection of said route with Madison Highway is dedicated as Veterans Memorial Parkway.

BE IT FURTHER RESOLVED that the portion of SR 94 from Perimeter Road in Lowndes County, Georgia, to the Echols County line is dedicated as the Fred DeLoach, Jr. Highway.

BE IT FURTHER RESOLVED that the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County is dedicated as the Charles Ray King Memorial Bridge.

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BE IT FURTHER RESOLVED that a portion of SR 197 from Mt. Airy to its intersection with SR 17, in Habersham County, be dedicated as the Ottis L. Stonecypher, Sr. Memorial Highway.

BE IT FURTHER RESOLVED that the portion ofSR 101 from the Carroll-Paulding County line to the intersection with Industrial Boulevard, in Carroll County, Georgia, be dedicated as the Sergeant Michael C. Hardegree Memorial Highway.

BE IT FURTHER RESOLVED that the members of this body dedicate the new bridge on SR 296 at SR 113, in Bartow County, as the Edwin Price Hamilton Memorial Bridge.

BE IT FURTHER RESOLVED that the bridge on SR 41 over Kinchafoonee Creek, in Webster County, be dedicated as the Reverend George W. Nealy Memorial Bridge in his honor.

BE IT FURTHER RESOLVED that the members ofthis body dedicate the bridge on SR 153 over Lanahassee Creek, in Webster County, as the Cliff Shannon Memorial Bridge in honor of his service to his community.

BE IT FURTHER RESOLVED that the portion ofSR 113 from the Polk County line to Red Top Mountain Road at I-75, in Bartow County, be named the Glenn E. Taylor Memorial Parkway.

BE IT FURTHER RESOLVED that the portion of SR 41 from the northern city limits of Woodland, Georgia, to the southern city limits of Manchester, Georgia, in Talbot County be dedicated as the SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway.

BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway.

BE IT FURTHER RESOLVED that the bridge on US 441 near Rabun County High School in Rabun County be dedicated as the Lee Dixon Memorial Bridge in memory of his service to the people of Rabun County and the State of Georgia.

BE IT FURTHER RESOLVED that the portion of SR 15/US 441 within the Clayton City limits in Rabun County be dedicated as the Trooper Michael R. Fortson Memorial Highway.

BE IT FURTHER RESOLVED that the westbound lane of the easternmost bridge crossing the Alapaha River on Highway 82 in Atkinson County be dedicated as the Corporal William "Billy" Harvey Jewell, Sr. Bridge in his honor.

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BE IT FURTHER RESOLVED that the portion of SR 243 between SR 57 at the Twiggs-Wilkinson County line and SR 24 in Baldwin County be dedicated as the Veterans Memorial Highway.

BE IT FURTHER RESOLVED that the portion of SR 16 East from the railroad tracks to the Jackson city limits, in Butts County, is dedicated as the Lt. Carl Kelly Memorial Highway.

BE IT FURTHER RESOLVED that the members of this body honor the life of Christmas Moultrie by dedicating the entire north and south interchange at I-95 and SR 21 in Port Wentworth, Georgia, as the Christmas Moultrie Interchange.

BE IT FURTHER RESOLVED that U.S. 129 from Gainesville to Jefferson to Athens; U.S. 78 from Athens to Lexington to Washington; SR 47 from Washington to Crawfordville; SR 77 from Lexington to Union Point; U.S. 278 from Union Point to Crawfordville; and SR 22 from Lexington to Philomath to Crawfordville to Sparta to Milledgeville are dedicated as the Civil War Heartland Leaders Trail.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain 28 signs identifying the Civil War Heartland Leaders Trail, dispersed throughout the course of the trail, with not less than two signs in each county through which the trail or a portion thereof passes.

BE IT FURTHER RESOLVED that the portion of the road at the intersection of US 80 and County Road 228 (Fort Pulaski Road) for one-half mile in each direction on US 80 be dedicated as The Immortal Six Hundred 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 Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Sheriff D. J. Connell, to Fred DeLoach, Jr., to the family of Charles Ray King, to the family of Ottis L. Stonecypher, Sr., to the family of Sergeant Michael C. Hardegree, to the family of Edwin Price Hamilton, to the family of Reverend George W. Nealy, to the family of Cliff Shannon, to the family of Glenn E. Taylor, to the family of Benjamin Blake Bartlett, Jr., to the family of Leonard R. "Nookie" Meadows, to the family of Lee Dixon, to Kathleen Fortson, to Willie and Hattie Fortson, to the family of Mr. William "Billy" Harvey Jewell, Sr., to the Boards of Commissioners of Wilkinson and

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Baldwin counties, to the family of Lt. Carl Kelly, and to the North Port Wentworth Citizens Council.

Approved May 14, 2008.

COMMERCE- REVENUE - SEED-CAPITAL FUND; INVESTMENTS; RESEARCH FUND INCOME TAX CREDIT.
No. 750 (House Bill No. 1196).
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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; 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 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 two new Code sections to read as follows:
'48-7-40.27. (a) As used in this Code section, the term:
(1) 'Credit' means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 25 percent of the taxpayer's qualified investment. (2) 'Qualified investment' means a cash investment in the research fund that is not a cash investment made by the state or on behalf of the state. (3) 'Research fund' means a fund that is an investment entity pursuant to paragraph (7) of Code Section 10-10-1, the purpose of which is to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in this state. (b) A taxpayer shall be entitled to a credit for any qualified investment, subject to the conditions and limitations set forth in this Code section. Once the research fund reaches

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$30 million in total qualified investments, investors shall no longer be eligible for a credit pursuant to this subsection with respect to all subsequent qualified investments. (c) The credit provided in subsection (b) of this Code section shall be subject to the following conditions and limitations:
(I) In no event shall the credit for a taxable year exceed the taxpayer's income tax liability. Any unused portion of the credit shall be permitted to be carried forward and applied to the taxpayer's tax liability for the subsequent ten years. The credit shall not be applied against the taxpayer's prior years' tax liabilities; (2) The utilization of the credit shall have no effect on the taxpayer's basis in its investment; (3) A taxpayer shall only be allowed a credit for a qualified investment if the research fund issues to such taxpayer a certification that such investment meets the requirements of this Code section. Such certification shall include the taxpayer's name, address, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, the date, the amount of the qualified investment, and the amount of tax credit to which the taxpayer is entitled; (4) If the taxpayer is a Georgia Subchapter'S' corporation, a partnership, or a limited liability company taxed as a partnership, the credit shall be claimed by the respective shareholders, partners, or members of such entities in the same manner as they would account for their proportionate shares of income or loss from such entities. For the purposes of this Code section, such shareholders, partners, or members shall be considered to have made the qualified investments attributable to their interest in such entities; and (5) No taxpayer shall be eligible to claim the credit provided in subsection (b) of this Code section for a cash investment if they claim the tax credit provided in Code Section 48-7-40.28 for such cash investment. (d) The research fund shall provide the department at least on an annual basis a report that includes the taxpayer's name, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, and the amount of the taxpayer's qualified investment for which the research fund has issued to such taxpayer the certification pursuant to paragraph (3) of subsection (c) of this Code section. The research fund shall file this report with the department no later than January 31 ofthe year following the end of the reporting year. (e) In the event that the research fund liquidates prior to the investment of all of the cash received from taxpayers, the credit claimed with respect to such uninvested cash shall be recaptured. Such recapture shall be equal to the amount of the credit attributable to the qualified investment not invested by the research fund and returned to the taxpayer by the research fund. The recaptured amount shall be treated as taxes payable to the state for the taxable year in which such return of such investment occurs.

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(f) The commissioner may require such reports, promulgate such regulations, and gather such relevant data deemed necessary and advisable for the implementation of this Code section.

48-7-40.28. (a) As used in this Code section, the term:
(I) 'Credit' means a state income tax credit against the tax imposed pursuant to this article in an amount equal to I 0 percent of the taxpayer's qualified investment. (2) 'Qualified investment' means a cash investment in a legal entity in which the research fund has invested; provided, however, that such investment has been made by the taxpayer at the invitation of the research fund with the express intention of permitting the taxpayer making such qualified investment to qualify for the credit. (3) 'Research fund' means a fund that is an investment entity pursuant to paragraph (7) of Code Section I0-10-1, the purpose of which is to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in this state. (b) A taxpayer shall be entitled to a credit for any qualified investment, subject to the conditions and limitations set forth in this Code section. Once the total amount ofqualified investments reaches $75 million, investors shall no longer be eligible for a credit pursuant to this subsection with respect to all subsequent qualified investments. (c) The credit provided in subsection (b) of this Code section shall be subject to the following conditions and limitations: (I) In no event shall the credit for a taxable year exceed the taxpayer's income tax liability. Any unused portion of the credit shall be permitted to be carried forward and applied to the taxpayer's tax liability for the subsequent ten years. The credit shall not be applied against the taxpayer's prior years' tax liabilities; (2) The utilization of the credit shall have no effect on the taxpayer's basis in its investment; (3) A taxpayer shall only be allowed a credit for a qualified investment if the research fund issues to such taxpayer a certification that such investment meets the requirements of this Code section. Such certification shall include the taxpayer's name, address, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, the date, the amount of the qualified investment, and the amount of the credit to which the taxpayer is entitled; (4) If the taxpayer is a Georgia Subchapter'S' corporation, a partnership, or a limited liability company taxed as a partnership, the credit shall be claimed by the respective shareholders, partners, or members of such entities in the same manner as they would account for their proportionate shares of income or loss from such entities. For the purposes of this Code section, such shareholders, partners, or members shall be considered to have made the qualified investments attributable to their interest in such entities; and

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(5) A taxpayer shall not claim the credit provided in subsection (b) of this Code section for a cash investment into the research fund. (d) The research fund shall provide the department at least on an annual basis a report that includes the taxpayer's name, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, and the amount of the taxpayer's qualified investment for which the research fund has issued to such taxpayer the certification pursuant to paragraph (3) of subsection (c) of this Code section. The research fund shall file this report with the department no later than January 31 of the year following the end of the reporting year. (e) The commissioner may require such reports, promulgate such regulations, and gather such relevant data deemed necessary and advisable for the implementation of this Code section:

SECTION 2. Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, is amended by revising paragraph (I) of subsection (b) of Code Section 10-10-4, relating to investing of funds with investment entities, as follows:
'(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 ofequity contributions committed by the state from the fund or from an investment entity which the state is the sole limited liability owner of; or (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 which the state is the sole limited liability owner of; provided, however, that no investment is to be made from such investment entity in qualified securities unless, in total, at least $3.00 of investment from sources other than the state, which may include funds from sources other than the investment entity and 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 which the state is the sole limited liability owner of, 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 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to investments made on or after July 1, 2008.

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

Approved May 14, 2008.

REVENUE- INCOME TAX CREDIT; ADOPTION OF QUALIFIED FOSTER CHILD.
No. 751 (House Bill No. 1159).
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 adoption of a qualified foster child; 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 to read as follows:
'48-7-29.13. (a) As used in this Code section, the term 'qualified foster child' means a foster child who is less than 18 years of age and who is in a foster home or otherwise in the foster care system under the Division of Family and Children Services of the Department of Human Resources. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for the adoption of a qualified foster child. The amount of such credit shall be $2,000.00 per qualified foster child per taxable year commencing with the year in which the adoption becomes final and ending in the year in which the adopted child attains the age of 18. (c) 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 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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(d) 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, 2008.

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

Approved May 14, 2008.

WATERS- BOATING SAFETY ZONES.
No. 752 (House Bill No. 964).
AN ACT
To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to modify certain provisions relating to boating safety zones; to provide for boating safety zones for the protection of United States naval vessels; to designate certain boating safety zones in Georgia ports; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, is amended by adding a new paragraph to subsection (a) to read as follows:
'(3) The following are established as boating safety zones for the purpose of ensuring maritime and homeland security:
(A) All those waters within the Elba Island liquified natural gas mooring slip; provided, however, that liquefied natural gas tank ships and authorized vessels actively engaged in the escort, maneuvering, or support of such ships shall be permitted in such zone; (B) The area within 100 yards of any United States navy vessel; and

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(C) The area within 100 yards of any vessel escorted to, from, or within any port of this state by a law enforcement vessel displaying applicable law enforcement agency markings, whether such escorted vessel is in motion or anchored or moored.'

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

Approved May 14, 2008.

REVENUE- WATERCRAFT IN INVENTORY; AD VALOREM TAX EXEMPTION.
No. 753 (House Bill No. 1046).
AN ACT
To amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to 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. Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, is amended by revising Code Section 48-5-504.40 as follows:
'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

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for sale or resale. For the period commencing January 1, 2009, and concluding December 31, 2010, 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, 2009.

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

Approved May 14, 2008.

WILLIE OTIS "PETE" WILLIAMS -COMPENSATION.
No. 754 (House Resolution No. 1078).
A RESOLUTION
Compensating Mr. Willie Otis "Pete" Williams; and for other purposes.
WHEREAS, for nearly 22 years Mr. Williams has adamantly proclaimed his innocence and maintained that his conviction was the result of mistaken eyewitness identification; and
WHEREAS, on September 12, 1985, a Fulton County jury found Mr. Williams guilty of rape, kidnapping, and aggravated sodomy and he was sentenced to 45 years in prison; and
WHEREAS, Mr. Williams was 23 years old on the date of his sentencing and he spent the next 21 years and nine months of his life in prison for a crime of which he was innocent; and
WHEREAS, while at the time of Mr. Williams' conviction DNA testing was unavailable, in 2007 it was such testing that proved Mr. Williams could not have committed the crime for which he was convicted; and
WHEREAS, since his release from prison on January 23, 2007, and full exoneration on February 13,2007, Mr. Williams has begun the arduous task of rebuilding his life with the help and support of the Georgia Innocence Project and countless volunteers; and

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WHEREAS, Mr. Williams has found a permanent residence, reconnected with his family, and has started taking vocational classes at Atlanta Technical College; and

WHEREAS, while his transition into society - after spending almost half his life as an innocent man behind bars - has been difficult, Mr. Williams continues to meet these challenges head on and is determined to succeed in the life that has been restored to him; and

WHEREAS, Mr. Williams has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 22 years of incarceration and expenses in trying to prove his innocence; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Williams, and it is only fitting and proper that he be compensated for his loss.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $1.2 million to Mr. Willie Otis "Pete" Williams as compensation as provided below. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Said sum shall not be subject to state income taxes and shall be paid in the form of an annuity over a 20 year period of time with an initial lump sum payment of$! 00,000.00. Said sum shall be conditioned on the fact that Mr. Willie Otis "Pete" Williams shall not be convicted of a felony after the effective date of this resolution. If Mr. Williams is convicted of a felony during the period of time he is receiving payments pursuant to this resolution, he shall forfeit any rights to any remaining balance of the sum to which he was otherwise entitled pursuant to this resolution.

Approved May 14, 2008.

PROPERTY- LIENS; MANUFACTURED OR MOBILE HOMES.
No. 755 (House Bill No. 579).
AN ACT
To amend Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, so as to provide for certain definitions; to provide

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for the assessment of certain rent charges on certain manufactured homes or mobile homes by real property owners; to provide for the establishment of a lien on manufactured homes or mobile homes for certain rent charges; to provide for certain notices; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, is amended by adding a new Code section to read as follows:
44-14-349 0 (a) As used in this Code section, the term:
(I) 'Lienholder' shall mean the holder of a perfected security interest and its assignees or servicers of the underlying debt obligation. The term shall apply only to the lienholder or an assignee or servicer ofthe lienholder for unpaid purchase price or first lien who has recorded such lien on the title of the manufactured home or mobile home. (2) 'Manufactured home' has the same meaning as provided in paragraph (4) of Code Section 8-2-131. (3) 'Manufactured home community' means a parcel or tract of land on which three or more manufactured homes or mobile homes are located on a continual, nonrecreational basis and offered to the public. (4) 'Mobile home' has the same meaning as provided in paragraph (6) of Code Section 8-2-131. (b) As provided by this Code section, any lien or charge against a manufactured home or mobile home for rent upon the real property on which the manufactured home or mobile home is or has been located is subordinate to the rights of the lienholder for unpaid purchase price or first lien, which is recorded on the title of the manufactured home or mobile home, and the assignee of such lienholder if not recorded on the title. (c) In the event a manufactured home or mobile home has been vacant for more than 30 days and after notice to the lienholder as provided in this Code section, rent charges, as provided in this Code section, may be collected by the owner of the manufactured home community from the lienholder and the assignee of any such lienholder by an action at law as authorized by this Code section. (d) The owner of the manufactured home community shall be entitled to collect rent charges accruing from 30 days after the lienholder receives written notice of a completed eviction of the owner or occupant of a manufactured home or mobile home by the owner ofthe manufactured home community or notice that a manufactured home or mobile home has been abandoned or voluntarily surrendered by the homeowner or occupant and that the manufactured home or mobile home is presently vacant and unoccupied. (e) The notice shall state that an action for eviction has been completed against the homeowner or occupant, that the home is presently vacant and unoccupied, the amount of

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the daily rent charges calculated pursuant to subsection (i) of this Code section, and the date upon which the homeowner or occupant was required to make regular payments to the owner of the manufactured home community. (f) The lienholder shall notify the owner of the manufactured home community within 30 days of receipt of the notice pursuant to subsections (d) and (e) of this Code section whether it intends to make payment of the rent charges and, if the lienholder agrees to make payment, to pay the rent charges that are due pursuant to this Code section. Thereafter, the lienholder shall pay rent charges according to the schedule ofpayments that the homeowner or occupant was responsible for paying through the date that the manufactured home or mobile home is removed from the owner ofthe manufactured home community's property. Ifthe lienholder fails to notify the owner ofthe manufactured home community that it does not intend to pay the rent charges, the rent charges shall accrue and be due and owing to the property owner. (g) In the event that the lienholder files either an action for replevin of the home or forecloses on the lien for unpaid purchase price or first lien, the lienholder shall be responsible for unpaid rent and rent charges that have accrued beginning 30 days after the eviction of the owner or occupant of the manufactured home or mobile home. (h) In the event that the homeowner or occupant declares bankruptcy, the accruing of any rent or rent charge due by the lienholder to the owner of the manufactured home community shall be stayed by the bankruptcy until 30 days after the final court action discharging the bankruptcy or releasing the collateral, whichever occurs first. (i) The maximum rent charge available to the owner of a manufactured home community shall be a daily rate equal to one-thirtieth of the then current lot rental amount paid by the homeowner or occupant as defined in the current or most recent lease agreement between the homeowner or occupant and the owner of the manufactured home community. In the event that no written lease agreement is in effect between the owner of the manufactured home community and the owner or occupant of a manufactured home or mobile home, the maximum rent charge available to the owner of the manufactured home community shall be $3.00 per day. G) Notice required as set forth in subsections (d) and (e) of this Code section shall be mailed by certified mail, return receipt requested, or statutory overnight delivery to the registered agent of the lienholder or, if the lienholder is not a corporation, to the lienholder's last known address. Notice by certified mail shall be effective on the date of receipt or, if refused, on the date of refusal. (k) It shall be unlawful for the owner of the manufactured home community to refuse to allow the lienholder to repossess and move the manufactured home or mobile home for failure to pay any charges for which notice was not provided in accordance with the requirements of this Code section. In the event the owner of the manufactured home community refuses to allow the lienholder to repossess and move the manufactured home or mobile home, the owner of the manufactured home community shall be liable to the lienholder for each day that the owner of the manufactured home community unlawfully

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maintains possession of the home, at a daily rate equal to one-thirtieth of the monthly payment due according to the contract and security agreement entered into between the homeowner or occupant and the lienholder. (l) If either a lienholder or an owner of a manufactured home community brings an action at law against the other in a court of competent jurisdiction, the prevailing party, as determined by the court, in addition to other relief granted by the court, may be awarded costs of litigation including reasonable attorney's fees. (m) If, after receipt of a notice pursuant to subsections (d) and (e) of this Code section, a lienholder sells or assigns a manufactured home or mobile home, the lender shall provide the purchaser of such home with a copy of the notice received from the owner of the manufactured home community and the purchaser shall take the home subject to the rights of the owner of the manufactured home community pursuant to this Code section. The owner ofthe manufactured home community may enforce his or her rights for rent charges against the purchaser without issuing additional notices.'

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

Approved May 14, 2008.

CONVEYANCE OF NUMEROUS PARCELS OF STATE PROPERTY.
No. 756 (Senate Resolution No. 1012).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Catoosa County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned real property located in Cobb County, Georgia; authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Douglas County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Effingham County, Georgia;

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authorizing the leasing of certain state owned real property located in Fulton County, Georgia; authorizing the leasing of certain state owned real property located in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of certain state owned real property located in Seminole County, Georgia; authorizing the conveyance of certain state owned real property located in Tatnall County, Georgia; authorizing the conveyance of and granting easements and restrictive covenants over certain state owned real property located in Troup County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property totaling approximately 1.657 acres located in Bartow County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in Land Lots 1239 and 1282, 21st District, 2nd Section ofBartow County, containing a total of approximately 1.65 7 acres as shown on a plat of survey entitled "Survey for Bartow County" dated November 6, 2007, and prepared by William C. Smith, Georgia Registered Land Surveyor # 1803, of Smith & Smith Land Surveyors P.C. of Cartersville, Georgia, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval, 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 said parcel being a portion of an approximately 9.028 acre tract as described in a 06/02/2004 deed to the State of Georgia from the North Metro Technical Institute Foundation, which is recorded in State Properties Commission records as SPC # 860.08; (3) The Board of Technical and Adult Education, at its meeting of December 6, 2007 approved the conveyance of the above described property to the Bartow County Board of Commissioners for use by the County to repair and maintain a new entrance road into the campus ofNorth Metro Technical College from Etowah Drive, Acworth, Georgia, to access a new Allied Health and Technology Building under construction at the College, and to become part of the Bartow County road system and maintained by the County for the future; (4) The Bartow County Board ofCommissioners is desirous ofaccepting the conveyance of the above-described property in order to construct and maintain the entrance road to said Allied Health and Technology Building; and

WHEREAS: (1) The State of Georgia is the owner of a tract of real property located in Brantley County, Georgia conveyed to the State of Georgia, Georgia Forestry Commission by the

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Assistant Secretary of the United States Department of Agriculture on March 30, 1955 as recorded at the State Properties Commission as RPR number 1396 and is recorded in Brantley County Clerk of Superior Court in Deed Book 17, Pages 430-432; (2) Said property is under the custody of the Georgia Forestry Commission and is a portion of the Dixon Memorial State Forest; (3) Said real property includes a parcel of land lying and being in Land Lots 127-128, 9th Land District in Brantley County and containing approximately 41.188 acres as shown on a plat of survey entitled "Survey for Ronnie Griffin," by Harry A. Strickland, Georgia Registered Land Surveyor, and dated September 27, 2006, all 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; (4) Ronald Griffin has agreed to convey to the State of Georgia several tracts of land in Ware County totaling approximately 41.118 acres of suitable property and additional consideration to the State of three thousand dollars ($3,000.00), as determined by the State Properties Commission and the Georgia Forestry Commission to be in the best interest of the State, at Dixon Memorial State Forest in Ware County, as described as Tract I (described as lot 3 of approximately 6.942 acres), Tract 2 (lots 2 and 1 of approximately 14.884 total acres), Tract 3 (lot 9 of approximately 5.744 acres), Tract 4 (approximately 3.590 acres), and Lot 9 of Block 2 (approximately 10.028 acres), on that "Survey for Ronald Griffin dated December 16, 2002" by Walter P. Copeland, Georgia Registered Land Surveyor number 2271; (5) The conveyance of the State's 41.118 acres in Brantley County in exchange for Mr. Griffin's 41.118 acres in Ware County and $3000.00 would allow the Georgia Forestry Commission to acquire several in-holding tracts ofland within the boundary ofthe Dixon Memorial State Forest to consolidate and prevent future management problems at the Forest; (6) The above described exchange of properties is approved by the Georgia Forestry Commission; 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 1547th GMD of Bulloch, County, and containing a total of approximately 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Plat of Survey prepared by Lamar 0. Reddick and dated April I, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, 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

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State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and was used as a livestock bam and show arena; (4) By letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State ofGeorgia in June, 1971 by Bulloch County for the consideration of $1.00; (6) On May 5, 2006, the Governor approved Act 909 (SR 823) authorizing the conveyance to Bulloch County of the property as long as the property is used for public purpose; (7) Bulloch County is desirous of acquiring the above-described property for public purpose or alternately of having the state convey its interest in the property back to the county for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and the terms and conditions of which exchange are approved by the State Properties Commission; and

WHEREAS: (1) The Georgia Department of Transportation, an agency of the State of Georgia, is the owner of a certain parcel of real property located in the City of Ringgold, Catoosa County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 2.57 acres, together with all improvements thereon, being a portion of that tract ofland lying and being in Land Lot 192 of the 28th Land District, 3rd Section of Catoosa County, Georgia and as shown on a drawing dated March 18, 2008 and entitled "Drawing for Conveyance of Parcel Rll-7 in Catoosa Co. to Ringgold; dated 03/18/08; 2.57 Acres", highlighted in yellow for the conveyance, 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 and control of the Georgia Department of Transportation as transferred for a roadside park by Executive Order dated November 30, 1955, and inventoried in the State Properties Commission as RPR #2688; and is a portion of that approximately 4.5 acre tract known as the ATLANTA CAMPAIGN HISTORICAL SITE KNOWN AS RINGGOLD MARKER SITE which was donated to the State of Georgia by the United States of America, Secretary of the Interior by deed dated March 20, 1952, recorded in the office of the Clerk of Superior Court of Catoosa County in Deed Book 63, Page 140, and inventoried in State Properties Commission records as RPR #699; (4) By letter dated October 3, 2007, the City of Ringgold is desirous of having the approximately 2.57 acre property conveyed to the City for public purpose, which would continue the stipulations of the 1955 deed that the area be used as a park; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is estimated as an approximately 17 acre portion of that tract of land lying and being in the 7th General Militia District of Chatham County, Georgia and as shown on a drawing entitled "Drawing Delineating Property Proposed to Be Conveyed to City of Garden City from State of Georgia, dated February 29, 2008" as highlighted in yellow for conveyance, 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 Public Safety and its Georgia Public Safety Training Center and is a portion of that approximately 20 acre tract known as the Public Safety Training Center and formerly the Georgia State Patrol Post on Dean Forest Road, Savannah, which was acquired in five parcels by the State of Georgia as follows and recorded in the State Properties Commission records and in records of the Clerk of Superior Court of Chatham County: RPR# 5083 December 18, 1970: 7.0 acres from Chatham County at 1400 Dean Forest Road, Deed Book 98-Q Page 91, Plat Book S, Folio 20; RPR #9556 October 5, 2001: 9.97 acres from Horace A. Sandefur and Jane D. Sandefur (also known as the Lovell Tract) at 1404 Dean Forest Road, Deed Book 2271, Page 158 and Plat Book 19-P, Page 78; RPR #9679 March 26, 2002: 0.99 acres from Wendell T. and Linda L. Anderson at 1410 Dean Forest Road, Deed Book 233U Pages 490-492, Plat Book 21P Folio 20; RPR # 9936 January 27,2004: 0.998 acres from Wilda Findley Myrick at 1422 Dean Forest Road, Deed Book 265A, Page 221 and Plat Book 27-P Page 18; RPR # 9935 January 27,2004: 1.01 acres from Frank D. Turner at 1416 Dean Forest Road, Deed Book 265A, Page 224 and Plat Book 27-P, Page 19; (4) By letter dated March 3, 2008, the Director of Public Safety Training declared the area of the property highlighted in yellow as surplus and no longer necessary for the operations of that Department, and that the retained approximately 3 acre parcel will be used for construction and operation of a regional public safety training center which will be constructed to the specifications ofGeorgia Public Safety Training Center Director by the City of Garden City for an amount not to exceed $1.4 million and to include at least 100 parking spaces, if the parties agree to do so prior to the conveyance of the 17 acres (or portions thereof) and Garden City agrees to complete construction of such regional public safety training center within 18 months of the conveyance; (5) The City of Garden City is desirous of having the approximately 17 acre property, or substantial portion thereof to be determined by Garden City after appropriate due diligence, conveyed to the City, and agrees that the transfer of the 17 acres (or portion thereof) would not occur until a fully executed agreement is entered into with all parties for Garden City to construct a regional public safety training center on the remaining approximately 3 acres to the specifications ofthe Georgia Public Safety Training Director

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in an amount not to exceed $1.4 million and to include at least I00 parking spaces, which such regional public safety training center the City agrees to complete construction of within 18 months of the conveyance; and

WHEREAS: (I) The State of Georgia is the owner of a certain real property located in Cherokee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots !59 of the 14th district, 2nd Section of Cherokee County, and containing a total of approximately 1.50 acres as more particularly described on that certain deed of conveyance to the State of Georgia being recorded as real property record number 004616 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 Public Safety and was used as a state patrol post; (4) The Department of Public Safety has relocated the activities performed on the above-described property and has declared the property surplus; (5) The above-described property was conveyed to the state in 1962 by Cherokee County for the consideration of $1.00 with the provision that if the property ever ceased being used as a state patrol post the property including any improvements would revert; (6) Cherokee County is desirous of having the state convey its interest in the property back to the County.

WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia; (2) Said real property is estimated as an approximately 0.65 acre tract of land lying and being in Land Lot 1212 of the 16th Land District, 2nd Section of Cobb County, Georgia and as shown on a plat entitled "Plat by J.P. Phillips, Surveyor, February 28, 1950" highlighted in yellow for conveyance, 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 Defense known as the National Guard Armory on Haygood Circle, Marietta, Georgia, which was acquired from Cobb County, Georgia, by the State of Georgia on March 20, 1950, and recorded in the Clerk of Superior Court of Cobb County's records as Deed Book 217, Page 163 and in the offices of the State Properties Commission as RPR #'s 0336; (4) The 1950 deed recited that the property was conveyed for the sole purpose of use by the grantee for Nationa) Guard and military purposes, and upon failure of the grantee to

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use the property for the purposes specified, the property, together with the improvements placed thereon by the grantee shall revert to the grantor, its successors or assigns; (5) Since October 23, 1987 the real property has not been used for National Guard and military purposes, nor since October 23, 1987 has the real property been used or occupied by the State of Georgia for any other purpose, as sworn to in an Affidavit by the Major General Adjutant General of the Georgia Department of Defense Military Division, on February I, 1989 and listed as RPR# 7743; (6) Cobb County Board of Commissioners has requested a quit claim deed from the State and seeks authorization from the General Assembly to quitclaim any interest the State may have in this property to Cobb County; and

WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property located in Dougherty County, Georgia; (2) Said real property is estimated as an approximately 8 acres portion of that tract of land lying and being in land lot 361 of the 1st Land District of Dougherty County, Georgia and as shown on a drawing dated February 22, 2008 and entitled "Drawing of Albany Farmers Market Delineating Property Proposed to Be Conveyed to Dougherty County" as highlighted in yellow for conveyance, 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 Department of Agriculture and is a portion of that approximately 9.9986 acre tract known as the Albany Farmers Market which was donated to the State of Georgia on June 9, 1972 by Dougherty County, lying and being in Land Lot 361, 1st Land District of Dougherty County, and recorded in the offices of the State Properties Commission as RPR # 5516; (4) By letter dated February 22, 2008, the Commissioner of Agriculture declared the area of the property highlighted in yellow as surplus and no longer necessary for the operations of that Department's Marketing Division; (5) Dougherty County Commissioners is desirous of having the approximately 8 acre property conveyed to the county for public purpose; and

WHEREAS: (1) The State of Georgia is the owner oftwo certain parcels of real property totaling 3.87 acres located in Douglas County, Georgia; (2) Said first parcel of such real property is all that parcel described as Parcel A ("the lease area") ofland lying and being in land lots No. 48 ofthe 1st land district, 2nd section of Douglas County containing a total of approximately 1.76 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel A Charter School Site, West Central Technical College" (hereinafter known as "Parcel A" or "the lease area") dated

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June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor#2928, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval; and said second parcel of such real property is all that parcel described as Parcel C ofland lying and being in land lots No. 48 and 49 ofthe Ist land district, 2nd section ofDouglas County containing a total ofapproximately 2.12 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel C Non-Exclusive Easement, West Central Technical College" (hereinafter known as "Parcel C") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, and being on file in the Offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) The Board of Technical and Adult Education, at its meeting ofJune 7, 2007 approved the granting ofa ground lease for $1.00 of approximately 2.0 acres to the Douglas County Board of Education for use as a site to construct and operate a Charter School, and at the same meeting that Board approved the granting of an ingress-egress easement for $1.00 on approximately 2.0 acres to the site of the Charter School on the above-described property at the West Central Technical College; (4) At the same meeting the Board approved granting a revocable license over the two parcels of above-described property and such request was approved by the State Properties Commission on July 24, 2007; (5) The Douglas County Board of Education is desirous ofleasing the above-described property and being granted an ingress-egress easement in order to construct and operate an approximately 20,000 square foot Career Academy High School joined in a common atrium with an approximately 20,000 square foot new classroom building to be built with 2006 Series G General Obligation Bonds for West Central Technical College, allowing students to earn credits toward both a high school diploma and a technical diploma or certificate; and

WHEREAS: (1) The State of Georgia is the owner of real property totaling approximately 8.5 acres located in Effingham County, Georgia; (2) Said real property is all that parcel described as Parcel A ("the easement area") of land lying and being in the 9th Georgia Militia District of Effingham County containing a total of approximately 1.48 acres, and Parcel B ("the lease area") of land lying in the 9th Georgia Militia District of Effingham County containing a total of approximately 6.92 acres as shown on a drawing entitled "Parcel A Non-Exclusive Easement Area for Career Center Site, and Parcel B Career Center Site, Effingham County Campus of Savannah Technical College" (hereinafter known as "Parcel A" or "the easement area" and "Parcel B" or "the lease area:) dated March 7, 2008, and being on file in the Offices ofthe State Properties Commission and presented to the State Properties Commission for

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approval, 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 parcels being portions of the approximately 66.26 acre property in the City of Rincon, Effingham County, under the custody of the Georgia Department of Technical and Adult Education known as the Effingham County Campus of Savannah Technical College which was donated to the State of Georgia by warranty deed on July I, 2004, by the Effingham County Industrial Development Authority, lying and being in the 9th Georgia Militia District of Effingham County, and recorded in the offices of the State Properties Commission as RPR #'s 10009.02 and 10009.01; (4) The Board of Technical and Adult Education (TAE), at its meeting of March 6, 2008 approved the recommendation for the State to grant a 30-year ground lease of approximately 7.0 acres to the Effingham County Board of Education for the Effingham County Schools for use as a site to construct and operate an Effingham County Career Academy, and at the same meeting that TAE Board approved recommending that the State grant a non-exclusive ingress-egress easement to the Effingham County Board of Education for the Effingham County Schools on approximately 1.5 acres to the site of the proposed Career Academy on the above-described property at the Effingham County Campus of Savannah Technical College, as well as having an identification sign indicating both the Effingham Campus of Savannah Technical College, a Unit of the Technical College System of Georgia and the Effingham County Career Academy, and that the Department of Technical and Adult Education and its Board shall be informed of and given the opportunity to participate in all design meetings regarding the design of the Career Academy; (5) At the same meeting the board approved granting a revocable license over the two parcels of above-described property totaling approximately 8.5 acres; (6) Effingham County Board ofEducation for the Effingham County Schools is desirous of leasing the above-described property to construct and operate the Effingham County Career Academy and being granted an approximately 50' x 1,31 0' ingress-egress easement to such academy; and

WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.25 acres (11,040 square feet) located in the City of Atlanta, Fulton County, Georgia; (2) Said 0.25 acre parcel of real property is all that parcel described as lying and being in Land Lot 51 of the 14th District of Fulton County, also described as 201 Courtland Street at the intersection of the north right-of-way of a street formerly known as Cain Street (now known as International Boulevard) and the east right-of-way of Courtland Street, containing a total of approximately 0.25 acres, which is a portion of property known as 201-215, and 217-223 Courtland Street and 207 International Boulevard in

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Atlanta, Fulton County, as recorded in State Properties Commission Real Property Record# 7454, and under the custody and control ofthe Department of Labor; and being described on a survey 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 has been leased to various entities since 1971, most recently as recorded in Deed Book 5533, Page 24 of the Superior Court Clerk of Fulton County records, since December 3, 2002, leased to KenKam LLC as Lessee/Tenant for a period of 10 years, to expire on December 31,2012 with an option to extend the lease until December 31,201 7; (4) Lessee has requested a longer lease term in order to make investments and improvements that are necessary to successfully operate the leased property as a restaurant, and to improve the State's long-term value in this property; (5) The Commissioner of Labor in a letter dated February I, 2008, did not object to an extension of the lease term; (6) It is recommended that the extension of the lease expire on December 31, 2039, so long as the value of the lease is reappraised to a current fair market value prior to execution of the lease and that the lease is subject to an annual increase to be determined by the State Properties Commission; and

WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property totaling 3.0 acres located in Jefferson County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in GMD No. 78 ofJefferson County, containing a total of approximately 3.0 acres as shown on a plat of survey entitled "Jefferson County Heath Sciences Center" dated April 4, 2006, and prepared by Alfred D. Bellew, Georgia Registered Land Surveyor #2255, of Bellew Surveyors, and being on file in the Offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) The Board of Technical and Adult Education, at its meeting of August 3, 2006 approved the granting of a 20-year ground lease of approximately 3.0 acres to the Jefferson County Board of Commissioners for use by the County as a site to construct under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; (4) The Jefferson County Board of Commissioners is desirous of leasing the above-described property in order to construct and operate said Health/Sciences Center; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Jefferson County, Georgia; (2) Said real property is all those two (2) tracts or parcels of land lying and being in the 83rd GMD of Jefferson County consisting of 1.0 of one acre more or less and being Parcel Cas more particularly described on a plat of survey dated May 6- June 4, 1982 and prepared by H. P. Tompkins, Jr., Georgia Registered Land Surveyor, and being recorded in the office of the Clerk of the Superior Court of said County in Plat Book 1, page 155; and of a 0.45 acre more or less parcel being described as recorded in Deed Book 64, Folio 547 and re-surveyed as 0.402 acres (Parcel B) on the same Tompkins survey of 1982, 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 is a portion of the former tower, office and truck shed site, which has recently been replaced by a new combined office serving Jefferson and Glascock Counties on approximately 3.63 acres of land donated by Jefferson County; (4) The former office site consists of 3 parcels totaling approximately 1.85 acres donated to the State of Georgia, and was resurveyed in the above-referenced 1982 survey as approximately 1.74 acres, those 3 parcels being the above-referenced two Parcels Band C, and a third parcel of approximately 0.40 acres (recorded in Deed Book 3-0, Pages 435-436) which contains the Jefferson Fire Tower, as resurveyed on the above-referenced 1982 survey and designated on that survey as Parcel A of approximately 0.338 acres; (5) The Georgia Forestry Commission is desirous of retaining the fire tower known as the Jefferson Fire Tower and the land on which it is situated (referred to as Parcel A, above), having reached an agreement with the County for the County to fully maintain the tower and pay for all utilities in exchange for the County's right to retain their communications antenna on the Jefferson Fire Tower; (6) The Forestry Commission has no further need for the former office and truck shed or land on which it is located, and has requested in a Resolution dated April6, 2006, that Parcel B (0.402 acres on the referenced survey) and Parcel C (l.O acres on the same survey) be conveyed to Jefferson County; (7) Jefferson County is desirous of accepting the conveyance of the above described Parcels Band C, and the County approved in its resolution dated October 11, 2005, the acquisition of that property; (8) The Georgia Forestry Commission and the Jefferson County Board of Commissioners entered into an Agreement on April 17, 2006, commemorating such maintenance by the County of the tower, grounds, and parking area and utilities of the Jefferson Fire Tower and Pump/Well house on Parcel A; and

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WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property located in Lowndes County Georgia; (2) Said real property is an approximately 1.42 acre parcel being further described in that "Plat of Survey for Lowndes County dated 1/29/08 by Georgia Registered Land Surveyor #2940", 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 is a portion of that approximately 10.7 acre Lowndes County Forestry Unit which was donated to the State of Georgia on December 18, 1957 by Lowndes County, lying and being in Land Lot 197, 11th Land District of Lowndes County, and recorded in the offices of the State Properties Commission as RPR # 877; (4) The Georgia Forestry Commission has no planned use or need for said 1.42 acre property in conjunction with the operation of the Unit; (5) Lowndes County Board of Commissioners has requested that the above described property be conveyed to the Lowndes County Board of Commissioners for construction by the Lowndes County Fire and Rescue Headquarters of a "Burn Building" for firefighter training; (6) Said "Burn Building" would further enhance Georgia Forestry Commission's (GFC) cooperative fire control efforts within the County, and GFC has no objection to the above described property being conveyed to Lowndes County for public purpose; (7) Georgia Forestry Commission by resolution dated October 17, 2006, approved the conveyance of the 1.42 acre parcel to Lowndes County as a "Burn Building" for the public purpose of firefighter training, and the County agreed to pay one halfof the annual salary of the Lowndes County Fire Tower Operator through July 1, 2009; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said real property is all of those tracts or parcels of land lying and being in Land Lot 267 and Land Lot 268, of the lOth Land District of Mitchell County, in the City of Pelham, and containing a total of approximately 7.8 acres 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 has been used as a farmers market; (4) By Jetter dated January 9, 2008, the Commissioner of Agriculture declared the property surplus and no longer necessary for the operations of that Department's Marketing Division;

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(5) The City of Pelham is desirous of acquiring the above-described property and the city intends to build a correctional facility on the property; (6) The State Properties Commission recommends that the above-described property be sold to the City of Pelham for $10.00 so long as the property is used to construct and operate a correctional facility; and

WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Seminole County, Georgia; (2) Said real property is all of that remaining tract of land lying and being in the City of Donalsonville, Georgia, and being described as all of Lots 1, 2, 3, and 4 in Block 110 of the Shingler Addition Subdivision that lies north of Third Street, in Seminole County, Georgia and containing approximately I.799 acres as shown on a plat of survey entitled "Georgia State Patrol Barracks, Land Lot 149, 14th Land District, City ofDonalsonville, Seminole County, Georgia", dated September 7, 1990, and prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, as highlighted in yellow for conveyance of approximately 1.799 acres and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Public Safety and is a portion of that approximately 2.0 acre tract for the Donaldsonville State Patrol Post which was conveyed to the State of Georgia on December 17, 1958, by the City of Donalsonville, in Seminole County, for such use by the State until a new State Patrol Barracks in the City of Donalsonville shall have been completed, at which time the State shall surrender possession of the property to the City of Donalsonville; as shown on a survey recorded in the office of the Clerk of the Superior Court of Seminole County, Georgia in Plat Book I, Page 9, that being the same property surveyed and conveyed by the Seminole County Commissioners to the State of Georgia by deed dated April9, 1943 and recorded in Book II, Folio 440 of the records of the Clerk of the Superior Court of Seminole County, Georgia and to which Seminole County did on November 4, 195 8, quit claim all rights in and to the reversionary clause in that certain deed between the same parties, dated April 9, 1943 and recorded in Deed Book 11, Page 440, records of the Clerk of Superior Court of Seminole County; (4) The Department of Public Safety stated in a letter dated February 26,2008, that use is expected to be discontinued by the Department of Public Safety when a new Post is built in the near future in Colquitt, Georgia, and the Department would retain ownership only of the radio tower at that time and maintenance of that tower provided, the State is the sole user of the tower; (5) Seminole County is desirous of using the tract for public purpose when by the State has discontinued, with the tower being retained by the State with custody in the

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Department and maintenance of only the radio tower at that time, provided the State is the sole user of the tower; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1645th Georgia Militia District ofTattnall County, Georgia and containing approximately 15 acres and is more particularly described on a drawing dated March 11, 2008, and entitled "Drawing for app. 15 AC parcel for competitive bid, Tattnall County, 3/11/08" 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 Corrections as a portion of the property known as the Georgia State Prison; (4) The Department of Corrections has no objection to the surplusing of the above-described parcel; (5) It has been determined that it would be in the best interest of the State of Georgia that the above-described property be sold by competitive bid; and

WHEREAS: (I) The State of Georgia is the owner of approximately 2,259 acres, more or less, of real property located in Troup County, Georgia, as part of an economic development project executed with Kia Motors Manufacturing Georgia, Inc., to locate an automobile manufacturing plant within the state; (2) The United States of America, the Georgia Department of Transportation, the City of West Point, the City of LaGrange, Troup County, Georgia Power Company, Diverse Power Company, and Interstate Telephone Company desire to restrict use of wetlands subject to certain federal permits and to operate and maintain public roads, public service facilities, utilities, utility facilities, and ingress and egress in, on, over, under, upon, across, or through portions of said property; (3) These restrictions on use of wetlands, public roads, public facilities, utilities, utility facilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested or approved, or both, by the United States of America and the Department of Natural Resources.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I SECTION 1.

That the State ofGeorgia is the owner ofthe above-described real property in Bartow County and that in all matters relating to the conveyance ofthe real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the above-described property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bartow County for a consideration of$10.00 so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest ofthe State ofGeorgia.

SECTION 3. 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 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 ofconveyance shall be recorded by the grantee in the Superior Court ofBartow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 6. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed.

ARTICLE II SECTION 7.

That the State of Georgia is the owner of the above-described real property in Brantley County 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 approximately 41.188 acre parcel of State ofGeorgia property may be conveyed to Ronald Griffin in exchange for several parcels owned by Mr. Griffin totaling approximately 41.188 acres of real property within the boundary of Dixon Memorial State

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Forest and additional consideration of $3,000.00 from Mr. Griffin to the state, as approved by the State Forestry Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 9. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE III SECTION 13.

That the State of Georgia is the owner of the above-described real property in Bulloch County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 14. That the above-described property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bulloch County for a consideration of$1 0.00 so long as the property is used for public purpose or alternately for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and terms and conditions of such exchange are approved by staff of the State Properties Commission; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 18. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.

ARTICLE IV SECTION 19.

That the Department of Transportation, an agency ofthe State of Georgia, is the owner of the above-described real property and improvements in City of Ringgold, Catoosa County, Georgia.

SECTION 20. That the above-described real property and improvements may be conveyed by appropriate instrument to the City of Ringgold for a consideration of $10.00, so long as the property is used for public purpose as stipulated the above-referenced 1955 deed, such further consideration and provision as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 21. That the Department ofTransportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 22. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Catoosa County, Georgia and a recorded copy shall be forwarded to the Department of Transportation.

SECTION 23. That custody of the above-described property shall remain in the Department of Transportation until the property is conveyed.

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ARTICLE V SECTION 24.

That the State of Georgia is the owner of the above described real property in Chatham County 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 25. That approximately 17 acres of the above-described parcels of property or portion thereof to be specified by Garden City may be conveyed by the State of Georgia, acting by and through its State Properties Commission to the City of Garden City, Georgia, for a consideration of $10.00 as determined to be in the best interest of the State of Georgia by the State Properties provided that the city agrees that the transfer of the 17 acres or specified portion would not occur until a fully executed agreement is entered into between the city and the Georgia Public Training Center and any other party determined by the State Properties Commission stipulating that Garden City will construct a regional public safety training center on the remaining approximately 3 acres to the specifications of the Georgia Public Safety Training Director in an amount not to exceed $1.4 million and to include at least 100 parking spaces, which such regional public safety training center the city agrees to complete construction of within 18 months of the conveyance of approximately I 7 acres or specified portion, and further as determined to be in the best interest of the State of Georgia by the State Properties Commission and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 26. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective.

ARTICLE VI SECTION 27.

That the State of Georgia is the owner of the above-described real property in Cherokee County 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 28. That the above-described real property may be conveyed by appropriate instrument by the State ofGeorgia, acting by and through its State Properties Commission, to Cherokee County for a consideration of $10.00, and such further consideration and provisions as the State

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Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 29. 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 30. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 31. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 32. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed.

ARTICLE VII SECTION 33.

That the State of Georgia is the owner of the above-described real property in Cobb County 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 34. That all or a portion of the above-described approximately 0.65 acre parcel of property together with any improvements thereon may be conveyed by appropriate instrument to the Cobb County Board ofCommissioners for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 35. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.

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SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 37. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 38. That custody of the above-described properties shall remain in the Georgia Department of Defense until the property is conveyed.

ARTICLE VIII SECTION 39.

That the State of Georgia is the owner of the above-described real property in Dougherty County 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 40. That all or a portion of the above-described approximately 8 acre parcel of property together with any improvements thereon may be conveyed by appropriate instrument to the Dougherty County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 41. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.

SECTION 42. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 43. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 44. That custody of the above-described properties shall remain in the Georgia Department of Agriculture until the property is conveyed.

ARTICLE IX SECTION 45.

That the State of Georgia is the owner of the above-described real property in Douglas County and that in all matters relating to the leasing of the approximately 1.76 acres of real property and to the granting of an easement on the easement area of approximately 2.12 acres, the State of Georgia is acting by and through its State Properties Commission.

SECTION 46. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Douglas County Board of Education for a period of 25 years for a consideration of $10.00 per year to construct and maintain a Charter School on the above-described property at the West Central Technical College, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

SECTION 48. That the lease shall be recorded by the lessee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 49. That the authorization to lease the above-described property to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective.

SECTION 50. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain a Charter School on the above-described property at the West Central Technical College.

SECTION 51. That the State ofGeorgia is the owner ofthe above-described approximately 2.12 acre parcel of real property in Douglas County on the above-referenced survey hereinafter referred to

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as the "easement area," and the property is in the custody ofthe Department of Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 52. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement on that portion of land and that portion only on the above-described survey as the "easement area" for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State ofGeorgia as may be reasonably necessary to accomplish the aforesaid purposes; 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 53. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.

SECTION 54. That the Douglas County Board of Education shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.

SECTION 55. That, after the Douglas County Board of Education 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 Douglas County Board of Education, 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 56. That no title shall be conveyed to the Douglas County Board of Education, and, except as herein specifically granted to the Douglas County Board of Education, 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 Douglas County Board of Education.

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SECTION 57. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 58. 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 ofthe easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Douglas County Board of Education 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 Douglas County Board of Education. 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 59. That the easement granted to the Douglas County Board of Education shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 60. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 61. 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 62. That the authorization in this resolution to grant the above-described easement to the Douglas County Board ofEducation shall expire three years after the date that this resolution becomes effective.

SECTION 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE X SECTION 64.

That the State of Georgia is the owner of the above-described real property in Effingham County and that in all matters relating to the leasing of the approximately 7.0 acres of real property and to the granting of an easement on the easement area of approximately 1.5 acres, the State of Georgia is acting by and through its State Properties Commission.

SECTION 65. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Effingham County Board of Education for a period of 30 years for a consideration of $10.00 per year to construct and maintain a Effingham County Career Academy on the above-described property at the Savannah Technical College, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

SECTION 67. That the lease shall be recorded by the lessee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 68. That the authorization to lease the above-described property to the Effingham County Board of Education shall expire three years after the date that this resolution becomes effective.

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SECTION 69. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Effingham County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain an Effingham County Career Academy on the above-described property at the Savannah Technical College.

SECTION 70. That the State ofGeorgia is the owner of the above-described approximately 1.50 acre parcel of real property in Effingham County on the above-referenced survey hereinafter referred to as the "easement area," and the property is in the custody of the Department of Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 71. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Effingham County Board of Education (hereinafter Effingham County Schools), or its successors and assigns, a nonexclusive easement on that portion ofland and that portion only on the above-described survey as the "easement area" for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right ofingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes; 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 72. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.

SECTION 73. That the Effingham County Schools shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.

SECTION 74. That, after the Effingham County Schools 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 Effingham County Schools,

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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 75. That no title shall be conveyed to the Effingham County Schools, and, except as herein specifically granted to the Effingham County Schools, 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 Effingham County Schools.

SECTION 76. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 77. 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 ofthe easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Effingham County Schools 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 Effingham County Schools. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation ofthe facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 78. That the easement granted to the Effingham County Schools shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem

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in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 79. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 80. That this grant of easement shall be recorded by the grantee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 81. That the authorization in this resolution to grant the above-described easement to the Effingham County Schools shall expire three years after the date that this resolution becomes effective.

SECTION 82. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XI SECTION 83.

That the State ofGeorgia is the owner ofthe above-described real property in Fulton County, City of Atlanta, and that in all matters relating to the leasing of the approximately 0.25 acres of real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 84. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to KenKam, LLC for a period of 31 years until December 31, 2039, for a consideration ofthe current fair market value, thereafter increasing at an annual rate to be determined by the State Properties Commission to the end of the lease term to improve, maintain, and operate under all other appropriate terms of a lease of 20 I Courtland Street; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 85. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

SECTION 86. That the lease shall be recorded by the lessee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 87. That the authorization to lease the above-described property to KenKam, LLC shall expire three years after the date that this resolution becomes effective.

ARTICLE XII SECTION 88.

That the State of Georgia is the owner of the above-described real property in Jefferson County and that in all matters relating to the leasing of approximately 3.0 acres of real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 89. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Jefferson County Board of Commissioners for a period of 20 years for a consideration of $10.00 per year to construct and maintain under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

SECTION 91. That the lease shall be recorded by the lessee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 92. That the authorization to lease the above-described property to the Jefferson County Board of Commissioners shall expire three years after the date that this resolution becomes effective.

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ARTICLE XIII SECTION 93.

That the State of Georgia is the owner of the above-described real property in Jefferson County 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 94. That the above-described approximately 1.0 acre parcel (Parcel C) and approximately 0.45 acre parcel (Parcel B) of real property may be conveyed by appropriate instrument to Jefferson County for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 95. That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective.

SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 97. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 98. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE XIV SECTION 99.

That the State of Georgia is the owner of the above-described real property in Lowndes County 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 100. That all or a portion of the above-described approximately 1.42 acre parcel of property may be conveyed by appropriate instrument to the Lowndes County Board of Commissioners for a consideration of$1 0.00, so long as the property is used for public purpose and such further

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consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 101. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.

SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 103. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 104. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed.

ARTICLE XV SECTION 105.

That the State of Georgia is the owner of the above-described real property in Mitchell County 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 106. That the State Properties Commission recommends that above-described real property be sold by the State of Georgia, acting by and through its State Properties Commission, to the City of Pelham for $10.00 so long as the property is used to construct and operate a correctional facility, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest ofthe State of Georgia.

SECTION 107. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.

SECTION 108. 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 109. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 110. That custody ofthe above-described properties shall remain in the Department of Agriculture until the property is conveyed.

ARTICLE XVI SECTION 111.

That the State of Georgia is the owner of the above-described real property in Seminole County 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 112. That all or a portion ofthe above-described approximately I.799 acre parcel of property may be conveyed by appropriate instrument to the Seminole County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose, when use is discontinued by the Department of Public Safety after a new post is built in the near future in Colquitt, Georgia, with the department retaining ownership only of the radio tower at that time and maintenance of that tower provided the state is the sole user of the tower, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 113. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.

SECTION 114. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

SECTION 115. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Seminole County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 116. That custody of the above-described properties shall remain in the Georgia Department of Public Safety until the property is conveyed.

ARTICLE XVII SECTION 117.

That the State of Georgia is the owner of the above-described real property in Tattnall County 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 118. That the above-described real property may be sold by the State of Georgia, acting by and through its 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, or that the above-described real property may be sold to a city, county, school board, or other local public entity which shall include development authorities for not less than the fair market value, as determined to be in the best interest of the State ofGeorgia by the State Properties Commission without the necessity ofcompetitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 119. That the authorization in this resolution to sell the above-described real property shall expire three years after the date that this resolution becomes effective.

SECTION 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 121. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court ofTattnall County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 122. That custody ofthe above-described properties shall remain in the Department ofCorrections until the property is conveyed.

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ARTICLE XVIII SECTION 123.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels ofland consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17,2007, July 20,2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 124. That the State of Georgia, acting by and through its State Properties Commission, may grant to the United States of America, or its successors and assigns, a restrictive covenant over the property for the protection of wetlands and wetlands mitigation, together with the right of ingress and egress over adjacent land ofthe State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Troup County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown with dotted shading annotated as "wetlands" and "wetland mitigation area" over Tracts 1, 2, 3, 4, and 5, on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, 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 125. That the above-described restricted area shall be used solely for the permitted purposes of a permit, issued by the US Army Corps of Engineers ("USACE") having a reference number of200600422 (the "Permit") dated September 24,2006 pursuant to Section 404 ofthe Clean Water Act (33 U.S.C. 1344) or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401) under the administrative regulatory authority of the USACE Savannah District,

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Regulatory Branch, setting forth authorization for certain restoration activities in waters of the United States.

SECTION 126. That said restricted area shall be granted by a Declaration of Restrictive Covenant to the United States of America in form and substance acceptable to USACE, and that no title shall be conveyed to the United States of America and, except as herein specifically granted to the United States of America, all rights, title, and interest not granted in and to said restricted 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 United States of America.

SECTION 127. That a subsequent release of the restrictive covenant by the United States of America 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 such release, the United States, or its successors and assigns, shall have the option of removing its improvements, if any, on the restricted area or leaving the same in place, in which event the improvements shall become the property of the State of Georgia, or its successors and assigns.

SECTION 128. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system.

SECTION 129. That the restrictive covenant granted to the United States ofAmerica shall contain such other reasonable terms, conditions, and covenants acceptable to USACE as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same restricted area herein granted.

SECTION 130. That the consideration for such Declaration of Restrictive Covenant shall be approval by USACE of the aforesaid Section 404 Permit numbered 200600422 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 131. That this Declaration of Restrictive Covenant shall be recorded by the State Properties Commission in the Superior Court of Troup County and the original forwarded to USACE with a recorded copy retained by the State Properties Commission.

SECTION 132. That the authorization in this resolution to grant the above-described restrictive covenant to the United States of America shall expire three years after the date that this resolution becomes effective.

SECTION 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the restricted area.

ARTICLE XIX SECTION 134.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels ofland consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, 19.989 acres, more or less, of real property for the purpose of construction, operation and maintenance of public service facilities, specifically a fire station and fire training area 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 real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows:

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That part and parcel of land shown as Tract 6 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and more particularly described by a plat of survey prepared by Rochester and Associates, Inc., Georgia Registered Land Surveyors, dated November 30, 2007, and presented to the State Properties Commission for approval.

SECTION 136. That, after the City of West Point has put into use the fire station and fire training area for which this property is conveyed, 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 West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns.

SECTION 137. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 138. That the real property granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 139. That the consideration for such real property shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 140. That the conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 141. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective.

SECTION 142. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property.

ARTICLE XX SECTION 143.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 144. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, 1.945 acres, more or less, of real property for the purpose of construction, operation and maintenance of public service facilities, specifically a water tower and water service utility facility 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 real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows:
That part and parcel of land shown as Tract 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and more particularly described by a plat of survey prepared by Rochester and Associates,

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Inc., Georgia Registered Land Surveyors, dated December 18, 2007, and presented to the State Properties Commission for approval.

SECTION 145. That, after the City of West Point has put into use the water tower and water service utility facility for which this property is conveyed, 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 ofWest Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns.

SECTION 146. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use ofthe easement area.

SECTION 147. That the real property granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 148. That the consideration for such real property shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 149. That the conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 150. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective.

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SECTION 151. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property.

ARTICLE XXI SECTION 152.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels ofland consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled"Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 153. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, public road rights-of-way for the purpose ofconstruction, operation and maintenance ofcity streets. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown Kia Parkway and Kia Boulevard lying and being on Tracts 1, 2, 3, 4, and 5 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 154. That, after the City of West Point has put into use the city streets for which this property is conveyed, 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

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easement granted herein. Upon abandonment, the City of West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns.

SECTION 155. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system. 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 ofway and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 156. That the real property granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 157. That the consideration for such real property shall be $10.00 and the City of West Point's abandonment ofportions ofWebb Road and such further consideration and provisions as the State Properties Commission may determine to be in the best interest ofthe State of Georgia.

SECTION 158. That the conveyance shall be recorded by the grantee in the Superior Court ofTroup County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 159. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective.

SECTION 160. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property.

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ARTICLE XXII SECTION 161.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows:
All those parts and parcels ofland consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 162. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the Georgia Department ofTransportation, or its successors and assigns, in fee simple, public road rights ofway for the purpose of construction, operation, and maintenance of the interchange and entrance ramp to 1-85 at Kia Boulevard. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown as the southbound entrance ramp from Kia Boulevard onto 1-85 lying and being on Tract I on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16,2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 163. That, after the Department of Transportation has put into use the interchange for which this property is conveyed, 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 Department of Transportation, or its successors and assigns, shall have the option ofremoving their facilities

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from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns.

SECTION 164. 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. 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 165. That the real property granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 166. That the consideration for such real property shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 167. That the conveyance shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 168. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective.

SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property.

ARTICLE XXIII SECTION 170.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic

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Development, hereinafter referred to as the "property," "restricted area," or"easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows:
All those parts and parcels ofland consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of West Point, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sewer lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such water and sewer and sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown identified as water, sewer, and storm sewer easements, of approximately 50 feet in width, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat ofsurvey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16,2008, and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 172. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water, sanitary, and storm sewer lines to include valves, hydrants, sanitary sewers, force mains, and lift stations.

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SECTION 173. That the City of West Point shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water, sanitary and storm sewer lines.

SECTION 174. That, after the City of West Point has put into use the water, sanitary, and storm sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of West Point, 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 175. That no title shall be conveyed to the City of West Point, and, except as herein specifically granted to the City of West Point, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of West Point.

SECTION 176. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 177. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of West Point 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

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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 West Point. 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 178. That the easement granted to the City of West Point shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia, and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 179. That the consideration for such easement shall be for $10.00, and the exchange of the City of West Point's existing water and sewer lines over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 181. That the authorization in this resolution to grant the above-described easement to the City of West Point shall expire three years after the date that this resolution becomes effective.

SECTION 182. 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 XXIV SECTION 183.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows:

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All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17,2007, July 20,2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 184. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of LaGrange, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of gas lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such gas lines together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown identified as natural gas line easements, of approximately 50 feet in width, lying and being on Tracts I, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 185. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said gas lines to include mains, valves, and appurtenances.

SECTION 186. That the City of LaGrange 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 gas lines.

SECTION 187. That, after the City of LaGrange, has put into use the gas lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, ofall the rights, title, privileges, powers, and easement

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granted herein. Upon abandonment, the City ofLaGrange 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 188. That no title shall be conveyed to the City of LaGrange, and, except as herein specifically granted to the City of LaGrange, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of LaGrange.

SECTION 189. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right-of-way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 190. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of LaGrange 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 LaGrange. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 191. That the easement granted to the City ofLaGrange shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 192. That the consideration for such easement shall be for $10.00, and the exchange of the City of LaGrange's existing gas lines over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 194. That the authorization in this resolution to grant the above-described easement to the City of LaGrange shall expire three years after the date that this resolution becomes effective.

SECTION 195. 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 XXV SECTION 196.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission;

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and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 197. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofelectrical transmission lines, substations, and service lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such electric utilities together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown identified as electric utility easements, of approximately I00 feet in width for transmission lines and 50 feet in width for service lines, lying and being on Tracts I, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16,2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 198. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric transmission lines, substations, service lines, and appurtenances.

SECTION 199. 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 electric utilities.

SECTION 200. That, after the Georgia Power Company has put into use the electric utilities for which this easement is granted, a subsequent abandonment of the use of the service lines thereof, but not the transmission lines and substations, 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 that are used for service lines. Upon abandonment, the Georgia Power Company or its successors and assigns, shall have the option of removing its facilities from the service

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Jines 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 201. That no title shall be conveyed to the Georgia Power Company, and, except as herein specifically granted to the 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 the Georgia Power Company.

SECTION 202. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right-of-way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 203. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the 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 204. That the easement granted to the Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is

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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 205. That the consideration for such easement shall be for $10.00, and the exchange of the Georgia Power Company's existing electric transmission lines and substations over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 206. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 207. That the authorization in this resolution to grant the above-described easement to the Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 208. 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 XXVI SECTION 209.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 210. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Diverse Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofelectrical transmission lines, substations, and service lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such electric utilities together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown identified as electric utility easements, of approximately I00 feet in width for transmission lines and 50 feet in width for service lines, lying and being on Tracts I, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 211. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric transmission lines, substations, service lines, and appurtenances.

SECTION 212. That the Diverse 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 electric utilities.

SECTION 213. That, after the Diverse Power Company has put into use the electric utilities for which this easement is granted, a subsequent abandonment of the use of the service lines thereof, but not the transmission lines and substations, 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 that are used for service lines. Upon abandonment, the Diverse Power Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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.

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SECTION 214. That no title shall be conveyed to the Diverse Power Company, and, except as herein specifically granted to the Diverse 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 the Diverse Power Company.

SECTION 215. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability ofthe Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 216. 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 ofthe State of Georgia, and Diverse 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 ofthe State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Diverse Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation ofthe facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 217. That the easement granted to the Diverse Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 218. That the consideration for such easement shall be for $10.00, and the exchange of the Diverse Power Company's existing electric transmission lines and substations over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 220. That the authorization in this resolution to grant the above-described easement to the Diverse Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 221. 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 XXVII SECTION 222.

That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows:
All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 223. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Interstate Telephone Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telephone service line and equipment

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facility, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such telephone utilities together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows:
Those parts and parcels of land shown identified as telephone utility easements, of approximately 500 square feet in the northeast corner of Tract 5 adjacent to Gabbettville Road on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 224. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telephone utility.

SECTION 225. That the Interstate Telephone 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 telephone utility.

SECTION 226. That, after the Interstate Telephone Company has put into use the telephone utility for which this easement is granted, a subsequent abandonment ofthe 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 that are used for service lines. Upon abandonment, the Interstate Telephone Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 227. That no title shall be conveyed to the Interstate Telephone Company, and, except as herein specifically granted to the Interstate Telephone 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 the Interstate Telephone Company.

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SECTION 228. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right-of-way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 229. 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 Interstate Telephone 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 the Interstate Telephone 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 230. That the easement granted to the Interstate Telephone Company shall contain such other reasonable tenus, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 231. That the consideration for such easement shall be for $10.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 232. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 233. That the authorization in this resolution to grant the above-described easement to the Interstate Telephone Company shall expire three years after the date that this resolution becomes effective.

ARTICLE XXVIII SECTION 234.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 235. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 14, 2008.

RETIREMENT- GEORGIA STATE EMPLOYEES' PENSION AND SAVINGS PLAN; ASSURANCE DEPARTMENT TRUST FIND; CIRCUIT-PAID ASSISTANT DISTRICT ATTORNEY.
No. 757 (Senate Bill No. 328).
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for retirement provisions applicable to persons who first or again become members on or after January I, 2009; to provide a short title; to provide for a service retirement allowance; to provide for employee and employer contributions; to provide for an option of coverage for current members; to provide for a calculation of benefits; to provide for the applicability of certain provisions; to provide that only membership service shall constitute creditable service except in certain circumstances; to provide for the calculation of disability and death benefits; to provide for the examination and reexamination of disability beneficiaries; to create a defined contribution plan available to such members; to define certain terms; to provide for employer

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and employee contributions; to provide for vesting; to provide for forfeiture; to provide for administration; to amend Code Section 47-19-10 ofthe Official Code ofGeorgia Annotated, relating to directors ofthe State Employees' Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, so as to provide that such funds may not be expended for any purpose other than the provision of survivors benefit coverage; to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding a new article to read as follows:

'ARTICLE 10

47-2-350. This article shall be known and may be cited as the 'Georgia State Employees' Pension and Savings Plan.'

47-2-351. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this article shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after January I, 2009. From and after January I, 2009, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this article. Any provision of this chapter providing that a class of employees shall be subject to Code Section 47-2-334 shall be deemed to have been amended by this subsection. (b) Membership under this article shall be optional for any persons who are within the membership of the Employees' Retirement System of Georgia on December 31, 2008. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this article at any time on or after January I, 2009. This written election shall become effective upon the approval of the application by the board

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of trustees as provided in rules and regulations promulgated by the board of trustees and shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms, and conditions of this article; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows:
(1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this article; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter contained other than in this article and the rules and regulations of the board of trustees; (3) Then a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in paragraphs (1) and (2) of this subsection, which fractional part shall be computed by using the actual years of creditable service established under either this article, for paragraph (1) ofthis subsection, or the provisions of this chapter contained other than in this article, for paragraph (2) of this subsection, which number of years shall be the numerator of the fraction, over the total actual years of creditable service established under both this article and the provisions of this chapter contained other than in this article, which number shall be the denominator of the fraction; (4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and (5) Projected years of service shall not be used in the computation of the retirement allowances under this subsection.

47-2-352. (a) Every member subject to this article shall contribute employee membership contributions in an amount equal to I 1/4 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Such amount shall be credited to the individual accounts of the members in the annuity savings fund. (b) From and after January 1, 2009, each employer shall pay monthly to the board of trustees, on behalf of each member subject to this article, the aggregate of employer and employee contributions required by this chapter. With respect to members subject to this article, no employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. Such amount shall be credited to the pension accumulation fund.

47-2-353. Every member subject to this article shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of:

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(1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (2) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to 1.0 percent, or such future amount up to 2 percent to be set by the board of trustees in direct relation to any increased appropriations provided by the General Assembly expressly for such increase, ofthe member's highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system, multiplied by the number of the member's years of creditable service.

47-2-354. (a) Members subject to this article shall be subject to the following conditions:
(I) The following provisions shall not be applicable to members subject to this article: (A) Subsection (d) of Code Section 47-2-120; (B) Paragraph (l) of subsection (c) of Code Section 47-2-123; (C) Code Section 47-2-124; and (D) Code Section 47-2-334;
(2) Except as provided in Chapter I of this title and in Code Sections 47-2-99 and 47-2-100, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to Code Section 47-2-352. The provisions of this paragraph shall not affect the transfer of creditable service between public retirement systems created by this title under such conditions as are now or may hereafter be provided by law; (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this article; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment; (4) Disability benefits shall be calculated as provided in paragraph (2) of subsection (c) of Code Section 47-2-123; provided, however, that the disability benefits of persons entitled to the provisions of Code Section 47-2-221 shall be calculated as provided in such Code section but with the benefit computed on I percent of the member's monthly earnable compensation; (5) Members subject to the provisions of this article shall not be entitled to group term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129; (6) Members subject to Code Section 47-2-244 shall be entitled to the provisions of such Code section; and (7) Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be entitled to retire as provided in subsection (b) of each such Code section but shall receive a monthly benefit based on 1 percent of his or her highest average compensation rather than the percentage stated in such subsections.

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(b) All members subject to this article shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions ofthis chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this article.

47-2-355. (a)(l) 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 who become disabled in service before becoming eligible to receive a service retirement allowance 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 (l) 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; (C) The duties for such position shall be reasonably compatible with the experience and educational qualifications of the member;

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(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 ofparagraph (3) ofthis 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 detailed 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. (b) Any member who has at least 15 years of creditable service and who becomes disabled in service before becoming eligible to receive a service retirement allowance shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system. No member who is eligible to receive a service retirement benefit shall be eligible to apply for or receive a disability benefit. (c)(1) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at a place designated by the board, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement

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age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiary's retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiary's earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (2) The board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to provide information relevant to any provision of this chapter relating to his or her entitlement to receive a disability retirement. Should any disability beneficiary who has not yet attained retirement age refuse to submit any such information so requested, the board of trustees may suspend the retirement allowance of such disability beneficiary until such information is provided. Should the board of trustees receive information from any source that a disability beneficiary is engaged in an occupation paying more than the difference between the disability beneficiary's retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiary's earnings later be changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement.

47-2-356. (a) Any member who has at least 15 years of creditable service and who dies in service before becoming eligible for a service retirement shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance

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GENERAL ACTS AND RESOLUTIONS, VOL. I

calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system. Any member who dies in service after becoming eligible for a service retirement shall be eligible to retire forthwith to receive a service retirement allowance. (b) In the application of this subsection to death allowances, computations of retirement allowances shall be made on the same basis as though option two had been in effect. In lieu of the amount of death allowance otherwise payable to the beneficiary under option two, the member, upon written request, may at any time elect a reduced level death allowance of equivalent actuarial value, which allowance is payable to the beneficiary during a period of years certain or to the estate of the beneficiary and during the lifetime of such named beneficiary thereafter. At the election of the member, in case of death of the beneficiary during a term of years certain, the balance of the years certain payments may be paid to the estate of the member; but if such beneficiary predeceases the member, the total amount of the member's contributions to the date of his or her death shall be payable to the member's estate. The method of determining the equivalent actuarial value shall be consistent with the actuarial method of determining the beneficiary's death allowance under option two.

47-2-357. (a) As used in this Code section, the term:
(!) '401(k)' means the deferred compensation plan offered by the state for public employees pursuant to Article 3 of Chapter 18 of Title 45 utilizing Section 40 I (k) of the federal Internal Revenue Code. (2) 'Plan' means the employee savings plan created by this article. (b) Each member shall, at the time of becoming a member, be automatically enrolled in the plan; provided, however, that the member shall have a period of90 days from the date of enrollment to withdraw from the plan. Such withdrawal shall be made in writing to the board of trustees in such form as the board prescribes and any employee account balance shall be returned to the member. Thereafter, participation in the plan shall be voluntary. The member may not withdraw from the plan so long as he or she remains eligible to participate in the 401(k) plan offered by the state. Members shall be entitled to an employer contribution as follows: (!) For each pay period, each member shall contribute I percent of his or her compensation into his or her 40 I(k) account and the employer shall contribute an equal amount into his or her 401(k) account; (2) After the I percent level provided for in paragraph (I) of this subsection has been met, the employer shall contribute an amount equal to 50 percent of such amount as the member chooses to contribute, up to an additional 2 percent of the member's compensation; and

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(3) The member may make such additional contributions as he or she wishes, subject to limitations imposed by federal law. (4) The board of trustees shall apportion the costs of administering the plan among the employers and members on the basis of the normal costs of administration against any special services requested by any member. (c) All contributions by participating members are 100 percent vested and shall be maintained in an account and invested based on the participant's investment allocation choices. All employer contributed amounts credited to a member's account shall be maintained as a matching contribution subaccount and invested based on the participant's investment allocation choices. Any and all amounts credited to a member's matching contribution subaccount, including applicable earnings and investment appreciation or depreciation, shall become vested and nonforfeitable based on the number of employment service years complIeted and"m accordance W"it hthe vestmg schedule set J;orthbelow:

Years of Service

Employer Nonforfeitable Vested Percentage

I

20

2

40

3

60

4

80

5

100

Upon separatiOn from service for greater than 31 days, the portiOn of such matching contribution subaccount not so vested shall be transferred from the member's account into a temporary plan forfeiture accumulation account for future disposition as determined by the board of trustees. A break in service less than 32 days shall not affect vesting rights. (d) Members electing to be governed by the provisions of this article pursuant to subsection (b) of Code Section 47-2-351 shall use their date of election as the beginning date for purposes of calculating their vesting service for the employer contribution as provided in subsection (c) of this Code section used to calculate the vesting requirements of subsection (c) of this Code section, except that service as provided under Code Section 47-2-91 shall not constitute creditable service for this purpose.

47-2-358. This article shall not be construed and is not intended to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on December 31, 2008, who do not elect in writing to become members subject to this article.

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47-2-359. The provisions ofthis article shall control over conflicting or inconsistent provisions ofthis chapter or any other law of this state. It is the intention of the General Assembly that this article has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this article may be accomplished only by reference or amendment to or repeal of this specific article.

47-2-360. The board of trustees shall have the responsibility of administering the provisions of this article and shall promulgate such rules and regulations as are necessary to carry out the provisions of this article.'

SECTION 2. Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, is amended by adding a new subsection to read as follows:
'(f) No moneys in either the retired and vested inactive members trust fund or the active members fund established by subsection (b) of this Code section shall transferred or be expended for any purpose other than the payment of benefits and expenses necessary for the maintaining of survivors benefit coverage prior to July I, 2009, without express legislative enactment.'

SECTION 3. Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, is amended by adding a new Code section to read as follows:
'47-23-65. Any superior court judge or district attorney who is an active member of this retirement system may receive up to five years of creditable service for his or her past service as a circuit-paid assistant district attorney who was not eligible to participate in a local retirement plan upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make application to the board of trustees in such form as the board deems appropriate, provide such proof of eligible prior service as the board deems necessary, and make full payment not later than December 31,2008, or within six months of first or again becoming a member, whichever is later. No creditable service shall be allowed under this Code section for any period of

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employment for which creditable service is allowed under any provision of any other retirement or pension system of this state or of any political subdivision of this state.'

SECTION 4. This Act shall become effective on July I, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July I, 2008, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 14, 2008.

AGRICULTURE- COMMERCE- CONSERVATIONEDUCATION- PUBLIC UTILITIES- STATE GOVERNMENT- ABOLISH MULTIPLE INACTIVE OR OBSOLETE BOARDS.
No. 758 (Senate Bill No. 344).
AN ACT
To amend Titles 2, 10, 12, 20, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-15-3, relating to the Pacific White Shrimp Aquaculture Development Advisory Council, as follows:

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'2-15-3. Reserved.'

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-4-110, relating to the Georgia Tobacco Advisory Board, as follows:
'10-4-110. Reserved.'

SECTION 3. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by repealing and reserving Part 4 of Article 7 of Chapter 3, relating to the Kinchafoonee Lake Authority.

SECTION 4. Said title is further amended by repealing Article 12 ofChapter 3, relating to the Power Alley Development Authority.

SECTION 5. Said title is further amended by revising Code Section 12-5-23.3, relating to the State Waste-water Privatization Oversight Committee, as follows:
'12-5-23.3. (a) For purposes of this Code section only, the term:
(1) 'LAS permit' means Land Application System permit. (2) 'NPDES permit' means National Pollutant Discharge Elimination System permit. (3) 'Waste-water treatment facilities' means all publicly owned facilities with average monthly flow limits of20 million gallons per day or more that have been issued NPDES permits or LAS permits. (b) The director shall provide written notice to owners of all waste-water treatment facilities that the privatization requirements specified in subsection (c) ofthis Code section are in effect if the owner of such facility has violated its NPDES or LAS permit, or any interim conditions established by a federal court order, as follows: (1) A violation of the facility's monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus for any eight months during any continuous 12 month period starting on or after January 1, 1999; (2) A violation of the facility's monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or greater for any four months during any continuous 12 month period, starting on or after January 1, 1999; or

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(3) Three major treatment facility bypasses during any continuous 12 month period starting on or after January I, 1999. For purposes of this paragraph, the term 'major treatment facility bypass' shall mean any diversion of waste water from or bypassing of waste water around the treatment facility, excluding sewer system overflows; provided, however, that this shall not include any bypass which is authorized by any NPDES or LAS permit or any bypass which is necessary to prevent loss of life, bodily injury, or severe property damage. (c) Within 12 months ofreceipt ofwritten notification from the director in accordance with subsection (b) of this Code section, the owner shall enter into a binding contract with a private contractor for the operation and maintenance ofthe waste-water facility as follows: (1) The contractor shall be selected, and the contract shall be awarded, through competitive bidding, in accordance with the public procurement processes and procedures then in effect for the public owner or, at the option of the owner, through competitive bidding by the Department of Administrative Services in accordance with and as permitted by Part 2 of Article 3 of Chapter 5 of Title 50; (2) The scope of the contract shall include the operation and maintenance of the entire facility and sewer collection system, including combined sewer overflow treatment facilities, by the selected contractor; (3) Notwithstanding any provisions of law to the contrary, the term of the contract shall be not less than ten years nor more than 50 years; and (4) The contract shall meet all applicable state and local laws, rules, and regulations pertinent to the awarding, drafting, enforcement, and administration of such contract and shall contain such other contractual provisions as may be reasonably necessary for the effective enforcement and administration of the contract.'

SECTION 6. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-301, relating to the Coordinating Committee for Exceptional Individuals, as follows:
'20-2-301. Reserved."

SECTION 7. Said title is further amended by revising subsection (a) of Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement Quality Basic Education Program, as follows:
'(a) There shall be a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The system design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

installation specifications and any other relevant specifications needed for the successful implementation of the system. The state-wide comprehensive educational information system shall not use a student's social security number or an employee's social security number in violation of state or federal law to identify a student or employee. Upon approval of the boards of the respective education agencies, such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The boards of the respective education agencies, at the direction ofthe Education Coordinating Council, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly.'

SECTION 8. Said title is further amended by revising Code Section 20-3-84, relating to the Center for Trade and Technology Transfer, as follows:
'20-3-84. Reserved.'

SECTION 9. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-4-160.4, relating to the Natural Gas Consumer Education Advisory Board, as follows:
H46-4-160.4, Reserved.'

SECTION 10. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Article 5 of Chapter 5, relating to communication services.

SECTION 11. Said title is further amended by repealing and reserving Chapter 30, relating to Georgia Institute for Community Business Development.

SECTION 12. Said title is further amended by repealing and reserving Chapter 35, relating to the Georgia Environmental Training and Education Authority.

SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 14, 2008.

LOCAL GOVERNMENT- CONTRACTS; SOLID WASTE COLLECTION; EXCESS
FUNDS; SPECIAL DISTRICTS.
No. 759 (Senate Bill No. 154).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require that certain contracts shall be honored by municipalities or other government entities; to provide for definitions; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste collection firms; to provide for additional requirements regarding certain excess funds of special districts divided into noncontiguous areas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 ofthe Official Code ofGeorgia Annotated, relating to local government, is amended by adding a new Code section to read as follows:
'36-80-22. (a) As used in this Code section, the term:
(1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client. (2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) 'Displacement' means the displacing of any firm's agreement by annexation, deannexation, or incorporation of a municipality. (4) 'Firm' means a private solid waste collection firm. (5) 'Governmental action' means the invalidation of any firm's existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation

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GENERAL ACTS AND RESOLUTIONS, VOL. I

is not enacted pursuant to an emergency as declared by the governing authority of the local government. (6) 'Local government' means a county, municipal corporation, or any county-municipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firm's agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client."

SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows:
(b)( 1) 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. (2) If, on the effective date of this paragraph:
(A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality.

GEORGIA LAWS 2008 SESSION

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(3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities,
then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality."

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

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

Approved May 14, 2008.

INSURANCE- DENT AND WINDSHIELD REPAIR.
No. 760 (Senate Bill No. 518).
AN ACT
To amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds ofinsurance, so as to include contracts, agreements, and instruments for the removal ofdents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques and the removal of small windshield chips and cracks without replacement of the entire windshield within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; 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. Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, is amended by revising paragraph (1) of subsection (b) of Code Section 33-7-6, relating to property insurance, as follows:
( 1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle, or for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques or the removal of small windshield chips and cracks without replacement of the entire windshield, and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose;'.

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

Approved May 14, 2008.

RETIREMENT- PROTECTING GEORGIA'S INVESTMENTS ACT.
No. 761 (Senate Bill No. 451).
AN ACT
To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide for legislative findings; to provide for definitions; to require that boards administering public retirement funds of this state identify all companies in which public funds are invested that are doing certain types of investments in Iran; to require such boards to create and maintain certain scrutinized company lists that name all such companies; to require such boards to periodically contact all scrutinized companies and encourage them to

GEORGIA LAWS 2008 SESSION

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refrain from engaging in certain types of investments in Iran; to require such boards to inform scrutinized companies of their status as a scrutinized company and to ask for clarification as to the nature of each company's business activities; to provide that a company may be removed from the list under certain conditions; to provide for the reintroduction of a company onto the list; to provide for the divestment of all directly held, publicly traded securities of a scrutinized company under certain conditions; to provide exceptions to the divestment requirements; to prohibit such boards from acquiring securities of scrutinized companies that have certain active investments; to provide exceptions to the investment prohibition; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers ofsuch investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to provide for automatic repeal; to provide for immunity; 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 "Protecting Georgia's Investments Act."

SECTION 2. The General Assembly finds that:
(1) In 2001, the federal Securities and Exchange Commission determined that companies with business operations in terrorist-sponsored states are exposed to a special risk category known as global security risk: the risk to share value and corporate reputation stemming from the intersection of a publicly traded company's international business activities and security-related concerns, such as terrorism and weapons proliferation; (2) In response to the financial risk posed by investments in companies doing business with a state that sponsors terrorists, the federal Securities and Exchange Commission established its Office of Global Security Risk to provide for enhanced disclosure of material information regarding such companies; (3) According to the former chair of the federal Securities and Exchange Commission Laura Unger, the fact that a foreign company is doing material business with a country, government, or entity on OFAC 's sanctions list is, in the view of the staff of the federal Securities and Exchange Commission, substantially likely to be significant to a reasonable investor's decision about whether to invest in that company; (4) A 2006 report by the United States House of Representatives Committee on Appropriations states that "a company's association with sponsors of terrorism and human rights abuses, no matter how large or small, can have a materially adverse result

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on a public company's activities, financial condition, earnings, and stock prices, all of which can negatively affect the value of an investment"; (5) Iran tops the United States State Department's list of state sponsors of terrorism, funding such groups as Hamas, Hezbollah, and Islamic Jihad, as well as fueling the insurgency in Iraq via its Al-Quds force; (6) The United States imposed sanctions on Iran by designating the Islamic Revolutionary Guard Corps, its Al-Quds Force, and three state-owned banks as weapons proliferators and supporters of terrorism; (7) The United Nations Security Council has twice voted unanimously to impose sanctions on Iran for its failure to suspend its uranium-enrichment activities calling for an additional embargo on Iranian arms exports, which is a freeze on assets abroad of an expanded list ofindividuals and companies involved in Iran's nuclear and ballistic missile programs, and calls for nations and institutions to bar new grants or loans to Iran except for humanitarian and developmental purposes; (8) Foreign entities have invested in Iran's petroleum energy sector despite United States and United Nations sanctions against Iran; (9) All entities that have invested more than $20 million in any given year in Iran's petroleum sector since August 5, 1996, are subject to sanctions under United States law pursuant to the Iran Sanctions Act of 1996; (10) The United States renewed the Iran Sanctions Act of 1996 in 2001 and 2006; (11) It is a fundamental responsibility of the State of Georgia to decide where, how, and by whom financial resources in its control should be invested, taking into account numerous pertinent factors; (12) While divestiture should be considered with the intent to improve investment performance, by the rules of prudence, fiduciaries must take into account all relevant substantive factors in arriving at an investment decision; (13) The State of Georgia is deeply concerned about investments in publicly traded companies that have investments in Iran's petroleum sector as a financial risk to the shareholders; (14) By investing in publicly traded companies having investments in Iran's petroleum sector, public retirement systems are putting their funds at substantial financial risk; (15) Divestiture from markets that are vulnerable to embargo, loan restrictions, and sanctions from the United States and the international community, including the United Nations Security Council, is in accordance with the rules of prudence; (16) This Act should remain in effect only insofar as it continues to be consistent with and does not unduly interfere with the foreign policy of the United States as determined by the federal government; (17) To protect Georgia's assets, it is in the best interest of the state to enact a statutory prohibition regarding the investments managed by public retirement systems doing business in Iran's petroleum-energy sector;

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(18) Nevertheless, the members ofthis body have serious concerns regarding the efficacy ofrequiring the divestment ofGeorgia's retirement funds in large companies with fiscally sound histories and enviable histories of returns, and whether any effect on world-wide business activities might be too insubstantial as to warrant the cost to the state and to public retirees of divestment; (19) Further, the members of this body are concerned about the cost of compliance, both in terms of the necessity of employing additional administrative staff to ferret certain companies out of the investment pool and in the potential for lost investment revenue caused by a possibly ineffective but costly investment policy; and (20) The members of this body have faith that the boards of trustees and investment managers of our public retirement systems are patriotic Americans who would not aid or assist terrorism in any manner, and that restrictive and potentially costly micro-managing by this body is unnecessary.

SECTION 3. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, is revised by adding a new Code section to read as follows:
'47-20-83.1. (a) As used in this Code section, the term:
(I) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making profit. (2) 'Direct holdings' in a company means all securities of that company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests. (3) 'Government of Iran' means the government of Iran, its instrumentalities, and companies owned or controlled by the government of Iran. (4) 'Inactive business activities' means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose. (5) 'Indirect holdings' in a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the public fund, in which the public fund owns shares or interests together with other investors not subject to the provisions of this Code section. (6) 'Iran' means the Islamic Republic of Iran. (7) 'Petroleum resources' means petroleum or natural gas. (8) 'Public fund' means a large retirement system as defined in Code Section 47-20-84. (9) 'Scrutinized business activities' means business activities that have resulted in a company becoming a scrutinized company.

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(10) 'Scrutinized company' means any company that has, with actual knowledge, on or after August 5, 1996, made an investment of$20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. (II) 'Substantial action specific to Iran' means adopting, publicizing, and implementing a formal plan to cease scrutinized business activities within one year and to refrain from any such new business activities. (b) On or before October 1, 2008, each public fund shall make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings. Such efforts include reviewing and relying, as appropriate in the public fund's judgment, on publicly available information regarding companies that have invested more than $20 million in any given year since August 5, 1996, in Iran's petroleum energy sector, including information provided by nonprofit organizations, research firms, international organizations, and government entities. (c) By the first meeting of each board responsible for the management of a public fund after October 1, 2008, the board shall assemble all scrutinized companies that fit the criteria specified in paragraph (10) of subsection (a) of this Code section into a 'Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.' (d) The board of each public fund shall update and make publicly available annually the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List based on evolving information from, among other sources, those listed in subsection (b) ofthis Code section. (e) Each public fund shall adhere to the following procedure for assembling companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List: (1) For each company in which the public fund has direct holdings newly identified under subsection (c) of this Code section, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the public fund. The notice must inform the company ofthe opportunity to clarify its Iran related activities and encourage the company, within 90 days, to cease its scrutinized business activities or convert such activities to inactive business activities in order to avoid qualifying for divestment by the public fund. Such notice shall be sent no later than December 15, 2008; and (2) If, within 90 days after the public fund's first engagement with a company pursuant to this subsection, that company announces by public disclosure substantial action specific to Iran, the public fund may maintain its direct holdings, but the company shall remain on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List pending completion of its cessation of scrutinized business activities. (f)(J) If, after 90 days following a public fund's first engagement with a company pursuant to subsection (e) ofthis Code section, the company has not announced by public disclosure substantial action specific to Iran, or the public fund determines or becomes aware that the company continues to have scrutinized business activities, the public fund

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within eight months after the expiration of such 90 day period shall sell, redeem, divest, or withdraw all publicly traded securities of the company from the public fund s direct holdings. (2) If the public fund determines or becomes aware that a company that ceased scrutinized business activities following engagement pursuant to subsection (e) of this Code section has resumed such activities, the public fund shall send a written notice to the company in accordance with subsection (e) and this subsection. The company shall also be immediately reintroduced onto the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (3) The public fund shall monitor the scrutinized company that has announced by public disclosure substantial action specific to Iran and, if, after one year, the public fund determines or becomes aware that the company has not implemented such a plan, within three months after the expiration of such one-year period shall sell, redeem, divest, or withdraw all publicly traded securities of the company from the public fund's direct holdings, and the company also shall be immediately reintroduced onto the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (g) A public fund shall not acquire securities of companies on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (h) Subsections (f) and (g) ofthis Code section shall not apply to a public fund's indirect holdings. However, the public fund shall submit letters to the managers of such investment funds containing companies on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List requesting that they consider removing such companies from the fund or create a similar actively managed fund having indirect holdings devoid of such companies. If the manager creates a similar fund devoid of such securities or if such funds are created elsewhere, the board of the public fund shall determine within six months whether to replace all applicable investments with investments in the similar fund in an expedited time frame consistent with prudent investing standards. For the purposes of this subsection, a private equity fund is deemed to be an actively managed investment fund. (i) Notwithstanding any other provision of this Code section, the public fund, when discharging its responsibility for operation of a defined contribution plan, shall engage the manager of the investment offerings in such plans requesting that they consider removing scrutinized companies from the investment offerings or create an alternative investment offering devoid of scrutinized companies. Ifthe manager creates an alternative investment offering or if such funds are created elsewhere and is deemed by the public fund to be consistent with prudent investor standards, the public fund shall, within six months, consider including such investment offering in the plan. (j) Each public fund shall file a report with the Governor, the President of the Senate, and the Speaker of the House of Representatives that includes the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List within 30 days after the list is created. This report shall be made available to the public. Annually thereafter the board responsible for

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the management of a public fund shall file a report, which shall be made available to the public and to the Governor, the President of the Senate, and the Speaker of the House of Representatives, which includes:
(1) A summary ofcorrespondence with companies engaged by the public fund under this Code section; (2) All investments sold, redeemed, divested, or withdrawn in compliance with this Code section; (3) All prohibited investments under this Code section; (4) Any progress made under subsection (h) of this Code section; and (5) A list of all publicly traded securities held directly by the public fund. (k) If any of the following occur, this Code section shall be of no further force or effect: (1) The Congress or President of the United States affirmatively and unambiguously states, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that the government of Iran has ceased to pursue the capabilities to develop nuclear weapons and support international terrorism; (2) The United States revokes all sanctions imposed against the government of Iran; or (3) The Congress or President of the United States affirmatively and unambiguously declares, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that mandatory divestment of the type provided for in this Code section interferes with the conduct of United States foreign policy. (I) With respect to actions taken in compliance with this Code section, including all good faith determinations regarding companies as required by this Code section, the public fund shall be exempt from any conflicting statutory or common Jaw obligations, including any such obligations with respect to choice ofasset managers, investment funds, or investments for the public fund's securities portfolios. (m) Neither the retirement system nor any employee of the retirement system shall be liable for a good faith omission in identifying a scrutinized company. (n) The director of the Office of Treasury and Fiscal Services shall annually prepare a list of scrutinized companies as otherwise required by this Code section. The list shall be made available to each public fund in Georgia and each such fund may rely on said list in meeting the requirements of this Code section.'

SECTION 3.1. This Act shall be automatically repealed on July 1, 2015.

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

Approved May 14, 2008.

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LOCAL GOVERNMENT- SEVERANCE OF OF TRANSFERABLE DEVELOPMENT RIGHTS.

No. 762 (House Bill No. 1160).

AN ACT

To amend Chapter 66A of Title 36 ofthe Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for recordation and a registry for transferable development rights; 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 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, is amended in Code Section 36-66A-l, relating to definitions, by revising paragraph (I) and adding a new paragraph as follows:
(I) 'Development rights' means the development that would be allowed on the sending property under any comprehensive or specific plan or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section.' '(8) 'Transfer ratio' means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area.'

SECTION 2. Said chapter is further amended in Code Section 36-66A-2, relating to procedures for transfer of development rights, by revising paragraphs (I) and (3) of subsection (c) as follows:
(I) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and

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lienholders and recorded in the county superior court clerk's office and in a separate registry maintained by the municipal or county governing authority;' '(3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property, which may include the transfer of development rights in accordance with any transfer ratio established by the local government for sending areas, receiving areas, or both;"

SECTION 3. This Act shall become effective on July 1, 2008, and shall apply to transfers of development rights executed on or after that date.

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

Approved May 14, 2008.

PROPERTY- INSURANCE; CONDOMINIUM ASSOCIATIONS.
No. 763 (House Bill No. 1121).
AN ACT
To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; to specify insurance coverage; 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 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by revising Code Section 44-3-107, relating to insurance coverage for condominium associations, as follows:
H 44-3-107. (a) The association shall obtain:
(1) A property insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant with the full insurable replacement cost, less deductibles, of all buildings and structures within the condominium. Regardless of the

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boundaries of the condominium units, the insurance required by this paragraph shall include, without limitation, all portions of each building which are common elements including limited common elements, all foundations, roofs, roof structures, and exterior walls, including windows and doors and the framing therefor, and all convertible space within the building. Such insurance shall cover the following items with respect to each condominium unit regardless of who is responsible for maintaining them under the condominium instruments:
(A) The HVAC system serving the condominium unit; (B) All Sheetrock and plaster board comprising the walls and ceilings of the condominium unit; and (C) The following items within the condominium unit of the type and quality initially installed, or replacements thereof of like kind and quality in accordance with the original plans and specifications, or as they existed at the time the condominium unit was initially conveyed if the original plans and specifications are not available: floors and subfloors; wall, ceiling, and floor coverings; plumbing and electrical lines and fixtures; built-in cabinetry and fixtures; and appliances used for refrigeration, cooking, dishwashing, and laundry. Unless otherwise provided in the declaration, with respect to unfinished shell units conveyed by the declarant, the items in subparagraph (C) of this paragraph shall be insured by the condominium unit owner and the coverage required by this paragraph shall repair or reconstruct only those portions of the shell unit constructed by the declarant. With respect to any condominium units which have not been conveyed by the declarant at the time of an insured loss, the coverage required by this paragraph shall repair or reconstruct such units as they exist at the time of such loss. The association may exclude from coverage required by this paragraph improvements made by the condominium unit owners and structures covered by builder's risk insurance, such coverage to be in an amount consonant with the full replacement value thereof, but only during such period of time as the builder's risk insurance remains in full force and effect and only on the condition that the association is named as an additional named insured; (2) A commercial general liability insurance policy or policies affording coverage for bodily injury and property damage in an amount not less than $1 million for a single occurrence and $2 million aggregate. The policy or policies shall cover the association, the board of directors and the officers of the association, all agents and employees of the association, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium for occurrences commonly insured against arising out of or in connection with the use, ownership, or maintenance of the common elements or other portion of the condominium which the association has the responsibility to maintain; and (3) Any additional types and amounts of insurance coverage as may be specified in the condominium instruments. (b) The association may obtain additional types and amounts of insurance as may be authorized by the board of directors.'

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

Approved May 14, 2008.

REVENUE- PROFESSIONS- HOTEL MOTEL TAX; SUBSTANTIAL REVISION; INNKEEPERS; NOTICE OF TERMINATION OF OCCUPANCY.
No. 764 (House Bill No. 1168).
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 the excise tax on rooms, lodgings, and accommodations; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition, collection, and expenditure of proceeds of the tax; to provide for powers, duties, and authority of county and municipal governing authorities; to provide for powers, duties, and authority of the state revenue commissioner; to change the membership of the Hotel Motel Tax Performance Review Board; to change certain provisions regarding the levy, collection, and expenditure of certain proceeds of such tax; to provide for related matters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions regarding notice of termination of occupancy by an innkeeper; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-13-50.2, relating to definitions regarding the excise tax on rooms, lodgings, and accommodations, as follows:
48-13-50.2. As used in this article, the term:
(1) 'Destination marketing organization' means a private sector nonprofit organization or other private entity which is exempt from federal income tax under section 501 (c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the

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primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visitor assistance and support as needed. (2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public any rooms, lodgings, or accommodations. (3) 'Private sector nonprofit organization' means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501 (c)(6) ofthe Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April I, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (4) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows. (5) 'State authority' means an authority created by state law which serves a state-wide function, including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (6) 'Tourism product development' means the expenditure of funds for the creation or expansion of physical attractions which are available and open to the public and which improve destination appeal to visitors, support visitors' experience, and are used by visitors. Such expenditures may include capital costs and operating expenses. Tourism product development may include:
(A) Lodging for the public for no longer than 30 consecutive days to the same customer; (B) Overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (C) Meeting, convention, exhibit, and public assembly facilities; (D) Sports stadiums, arenas, and complexes; (E) Golf courses associated with a resort development that are open to the general public on a contract or fee basis; (F) Racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (G) Amusement centers, amusement parks, theme parks, or amusement piers; (H) Hunting preserves, trapping preserves, or fishing preserves or lakes; (I) Visitor information and welcome centers; (J) Wayfinding signage;

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(K) Permanent, nonmigrating carnivals or fairs; (L) Airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (M) Boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, natural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (N) Museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (0) Parks, trails, and other recreational facilities; or (P) Performing arts facilities.'

SECTION 2. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(1)(C) as follows:
'Reserved.'

SECTION 3. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (6) of subsection (a) as follows:
(6) 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 levy any future taxes under this Code section in a manner authorized by subsection (b) of this Code section.'

SECTION 4. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (7) of subsection (a) as follows:
(7) As used in this subsection, the term: (A) 'Fund and 'funding' means the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. (B) 'Obligation' means bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years.

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(C) 'Multipurpose domed stadium facility' means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof:

SECTION 5. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (8) of subsection (a) as follows:
'Reserved.'

SECTION 6. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(9)(A) as follows:
"(A) A county or municipality imposing a tax under paragraph (I), (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 I, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the proceeds of the tax shall be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.'

SECTION 7. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (11) of subsection (a) as follows:
'(11) Reserved.'

SECTION 8. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (12) of subsection (a) as follows:
'(12) Reserved.

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SECTION 9. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subsection (b) as follows:
'(b)(!) Except as provided in paragraphs (2) and (3) of subsection (a) of this Code section, any new excise taxes which are first levied pursuant to this Code section after July I, 2008, or any new excise tax which is first levied following the termination of a previous levy pursuant to this Code section after July I, 2008, shall be levied pursuant to this subsection. (2) The governing authority of each municipality in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for 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 or periodically furnished for value. (3) Within the territorial limits of the special district located within the county, each county in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (4) The levy of an excise tax pursuant to this subsection shall be conditioned upon the county or municipality adopting a resolution which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds and, subsequent to such resolution, the enactment of a local Act by the General Assembly. (5) In accordance with the terms of the resolution adopted by the county or municipality, the local Act of the General Assembly shall provide that:
(A) In each fiscal year during which a tax is collected under paragraph (2) or (3) of this subsection, an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount oftaxes that would be collected at the rate of5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the county or municipality levying tax; and (B) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under subparagraph (A) ofthis paragraph shall be expended for tourism product development.

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(6) A county or municipality levying a tax pursuant to this subsection shall expend an amount equal to the amount of total taxes collected under this subsection which would have been collected at a rate of 5 percent in accordance with the provisions of paragraph (3) of subsection (a) of this Code section. (c) Nothing in this article shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (d) At no time shall a county or municipality levy simultaneously more than one tax under this article. (e)(l) Except as otherwise provided in paragraph (2) of this subsection, for any excise tax levied pursuant to subsection (b) of this Code section, a county or municipality imposing a tax under this article shall, prior to the imposition of the tax or changing the rate of the levy of the tax and prior to each fiscal year thereafter in which the tax is imposed, adopt a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the destination marketing organization or state authority with which it proposes to contract to meet the expenditure requirements ofthis paragraph a budget plan for expenditures to be made by such organization. Such destination marketing organization or state authority expenditure budget plan shall be made a part ofthe county or municipal budget plan. (2) This paragraph shall apply to a county or municipality which is levying the tax under subsection (a) ofthis Code section on January 1, 2008, and is expending the proceeds of the tax through a contract or contracts with an authorized entity or entities other than a destination marketing organization. In the event such county or municipality ceases such levy in order to levy an excise tax under subsection (b) of this Code section, it may continue to expend the proceeds of the tax through a contract or contracts with the same entity or entities other than a destination marketing organization if, prior to each fiscal year in which the tax is imposed, the county or municipality adopts a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, such county or municipality shall obtain from such entity or entities with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such entity or entities. The budget plan of such entity or entities shall be made a part of the county or municipal budget plan. (f) A county or municipality expending funds of the tax levied under subsection (b) of this Code section pursuant to a contract shall require the destination marketing organization or state authority to provide audit verification that such destination marketing organization or state authority 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 ofthis 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 subsection noted in the audit report to the Department ofCommunity Affairs upon completion of the report review

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required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local government's auditor pertaining to noncompliance with this subsection to the Department of Community Affairs. The Department of Community Affairs shall submit a copy of such documents to the performance review board.
(g)( 1) Any action by a local governing authority to impose or change the rate of the tax authorized under this article shall become effective no sooner than the first day of the second month following its action by the local governing authority. (2) In the case of a county or municipality which has adopted an ordinance ceasing the levy under the applicable paragraph of subsection (a) ofthis Code section in order to levy an excise tax under subsection (b) of this Code section, such levy under subsection (b) of this Code section shall become effective no sooner than the first day of the second month following its action by the local governing authority. (h) The tax authorized by this article shall not apply to: (I) 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; (2) The use of meeting rooms and other such facilities or any rooms, lodgings, or accommodations provided without charge; (3) Any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this paragraph. For purpose of the exemption provided under this paragraph, a local government official or employee shall include officials or employees of counties, municipalities, consolidated governments, or county or independent school districts; or (4) Charges made for continuous use of any rooms, lodgings, or accommodations after the first 30 days of continuous occupancy. (i) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county. U) Any requirement that a tax under this article be expended in the fiscal year in which it is collected shall be satisfied so long as fiscal year expenditures conform with the budget plan required in either paragraph (9) of subsection (a) or subsection (e) of this Code section.'

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SECTION 10. Said title is further amended by revising Code Section 48-13-54, relating to collection, remittance, and use of certain funds regarding certain rooms, facilities, or cabins operated under jurisdiction of Department of Natural Resources, as follows:
48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources, or a state authority that is administratively attached to the Department of Natural Resources, which state park or authority regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of20 cabins and which rooms, facilities, or cabins located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 ifsuch rooms, facilities, or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of such rooms, facilities, or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which such rooms, facilities, or cabins of the state park or state authority are located so long as said promotion or advertising prominently features the state park or state authority rooms, facilities, or cabins.'

SECTION 11. Said title is further amended by revising subsections (a) and (b) of Code Section 48-13-56.1, relating to the Hotel Motel Tax Performance Review Board, as follows:
'(a)(1) There is created the Hotel Motel Tax Performance Review Board which shall consist of 11 members. (2) The commissioner of community affairs shall appoint five persons to serve as members of the performance review board as follows:
(A) A designee of the commissioner; (B) A representative of the private sector tourism industry who shall be an innkeeper; (C) A representative of municipal government; (D) A representative of county government; and (E) A representative of a destination marketing organization. (3) The Governor shall appoint one member of the board. (4) The Speaker of the House of Representatives shall appoint one member of the board. (5) The Lieutenant Governor shall appoint one member of the board. (6) The state auditor shall appoint one member of the board. (7) The commissioner of economic development shall appoint one member of the board. (8) The state revenue commissioner shall appoint one member of the board. (b)(!) The member of the board who is appointed under subparagraph (a)(2)(A) of this

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Code section shall serve for a term of office of five years. Members ofthe board who are appointed under subparagraphs (a)(2)(B), (a)(2)(C), (a)(2)(D), and (a)(2)(E) ofthis Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (3), (4), and (5) of subsection (a) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (6), (7), and (8) of subsection (a) of this Code section shall serve for terms of office of five years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are appointed and qualified. Members of the board may be reappointed to the board upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office. (2) If a vacancy occurs in the membership of the board, the appropriate appointing entity shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified.'

SECTION 12. Said title is further amended in Code Section 48-13-51, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, by revising paragraph (4) of subsection (a) as follows:
'(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits ofthe special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation ofstate funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only

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through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) construction or expansion of either: (i) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (ii) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January I, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (iii) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (iv) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (v) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (vi) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (vi) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (I) designate such historic district; (II) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 50l(c)(6) of the Internal Revenue Code; (III) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (IV) provide a transportation plan as a component of such comprehensive plan; and (V) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or

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walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development ofsuch system as identified in the relevant plan have been paid and in no event later than July I, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (vii) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (vii) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (I) designate such historic or downtown business district; (II) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; III provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; IV provide a transportation plan as a component of such comprehensive plan; and (V) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2025; or (B) promoting tourism, conventions, and trade shows. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities.'

SECTION 13. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-21-3.1, relating to notice of termination of occupancy by an innkeeper, as follows:
'(a) Whenever the keeper of a hotel, apartment hotel, boarding house, inn, or other accommodations furnished on a day-to-day or weekly basis wishes to terminate the occupancy of a guest for reasons other than those described in subsection (b) of this Code section, the keeper shall give notice of such intention to the guest. The period of time to be specified in the notice as to when the occupancy will be declared terminated by the keeper shall be equal to the period of time for which occupancy is paid for by the guest and accepted by the keeper.'

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SECTION 14. (a) Sections 12 and 13, this section, and Section 15 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections I through II shall become effective on July I, 2008.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2008.

MULTIPLE NONEXCLUSIVE EASEMENTS.
No. 765 (House Resolution No. 1425).
A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State ofGeorgia in Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Bartow, Dawson, Elbert, Hart, Jenkins, McDuffie, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; and
WHEREAS, the Georgia Department of Transportation, Etowah Water and Sewer, Elba Express Company LLC, Southern Conservation Trust, Flint Electric Membership Corporation, Public Service Telephone Company, Towns County Water and Sewer Authority, and the City of Sandersville 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, approved, or both, by the State Properties Commission, Georgia Forestry Commission, Department of Natural Resources, Department of Corrections, Department of Driver Services, Georgia Bureau of Investigation, and the Department of Technical and Adult Education.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property in Bartow County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new highway bridge. Said easement area is located north ofEmerson, Georgia in Bartow County, and is more particularly described as follows:
"That air-rights portion and that portion only as shown in orange on that drawing titled Georgia Bartow County Right ofWay Project STP 2946(2) dated June I0, 2005, Sheet 17 of 24 as last revised on February II, 2008, prepared by Jordan Jones and Goulding, on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said highway bridge.
SECTION 4. That the Georgia Department of Transportation 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 bridge.
SECTION 5. That, after the Georgia Department ofTransportation has put into use the highway bridge this easement is granted for, a subsequent abandonment ofthe use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing their facilities

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from the easement area or leaving the same in place, in which event such highway bridge shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all ofthe 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 Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Georgia Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 8. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 9. That the consideration for such easement shall be $10.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest ofthe State of Georgia.

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SECTION 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 11. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II SECTION 13.

That the State of Georgia is the owner of the hereinafter described real property in Dawson County, and the property is in the custody of the State Forestry Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Etowah Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for the operation and maintenance ofa water main in, on, over, under, upon, across, or through the easement area for the purpose ofmaintaining, repairing, replacing, inspecting and operating a water main together with the right of ingress and egress over adjacent land ofthe State ofGeorgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the Dawson County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on engineering plans dated August 2006, prepared by Infratec Consultants, Inc., 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 IS. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water main.

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SECTION 16. That the Etowah Water and Sewer Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation, and maintenance of said water main.

SECTION 17. That, after the Etowah Water and Sewer Authority has put into use the water main for which this easement is granted, a subsequent abandonment ofthe 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 Etowah Water and Sewer Authority, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the water main shall become the property of the State of Georgia, or its successors and assigns.

SECTION 18. That no title shall be conveyed to the Etowah Water and Sewer Authority and, except as herein specifically granted to the Etowah Water and Sewer Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Etowah Water and Sewer Authority.

SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Etowah Water and Sewer Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Etowah Water and Sewer Authority . Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation ofthe facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 20. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement area

SECTION 21. That the easement granted to the Etowah Water and Sewer Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 22. That the consideration for such easement shall be $10.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 23. That this grant of easement shall be recorded by the grantee in the Superior Court ofDawson County, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 24. That the authorization in this resolution to grant the above-described easement to the Etowah Water and Sewer Authority shall expire three years after the date that this resolution becomes effective.

SECTION 25. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE III SECTION 26.

That the State of Georgia is the owner of the hereinafter described real property in Elbert, Hart, Jenkins, McDuffie, and Wilkes counties, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in

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all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 27. That the State of Georgia, acting by and through its State Properties Commission, may grant to Elba Express Company LLC, or their successors and assigns, a nonexclusive easement for the operation and maintenance of a pipeline in, on, over, under, upon, across, or through the easement area for the purpose ofinstalling, maintaining, repairing, replacing, inspecting, and operating a pipeline 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 Elbert, Hart, Jenkins, McDuffie, and Wilkes counties, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on five (5) surveys prepared by Randy Stephens a Georgia registered land surveyor dated January 30, 2008, and on file in the offices ofthe State Properties Commission. Said surveys span the !67th, 19lst, 1114, 174th,274th, 1635thG.M.DistrictsofElbert, Wilkes, Hart, Wilkes, McDuffie, and Jenkins counties, Georgia respectively," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 28. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said pipeline.

SECTION 29. That Elba Express Company LLC 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 a pipeline.

SECTION 30. That, after Elba Express Company LLC has put into use the pipeline for which this easement is granted, a subsequent abandonment ofthe 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, Elba Express Company LLC, 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 pipeline shall become the property of the State of Georgia, or its successors and assigns.

SECTION 31. That no title shall be conveyed to Elba Express Company LLC and, except as herein specifically granted to Elba Express Company LLC, all rights, title, and interest in and to said

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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 Elba Express Company LLC.

SECTION 32. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Elba Express Company LLC 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 Elba Express Company LLC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 33. That 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 34. That the easement granted to Elba Express Company LLC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 35. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 36. That this grant of easement shall be recorded by the grantee in the Superior Courts of Elbert, Hart, Jenkins, McDuffie, and Wilkes counties and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 37. That the authorization in this resolution to grant the above-described easement to Elba Express Company LLC shall expire three years after the date that this resolution becomes effective.

SECTION 38. 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 39.

That the State of Georgia is the owner of the hereinafter described real property in Fulton County, and the property is in the custody of the Department of Corrections hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 40. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Conservation Trust, or its successors and assigns, a conservation easement for the protection ofwetland habitat and water quality in the Deep Creek watershed ofthe Upper Chattahoochee River basin and retaining and protecting the natural, scenic, or open space values of real property 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 Fulton County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a plot of survey, prepared by Barbara L. Herring, Georgia registered land surveyor #2785 and dated November 16,2002, and revised December 7, 2005, and being on file in the offices ofthe State Properties Commission,"

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 41. That the above-described premises shaH not be open to the general public and shaH be used solely for the purpose of protecting wetland habitat and water quality and retaining and protecting the natural, scenic, or open space values of the easement area.

SECTION 42. That no title shaH be conveyed to Southern Conservation Trust, and, except as herein specificaHy granted to Southern Conservation Trust, aH 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 Conservation Trust.

SECTION 43. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shaH obtain any and aH 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 aH applicable state and federal environmental statutes in its use of the easement area

SECTION 44. That the easement granted to Southern Conservation Trust shaH contain such other reasonable terms, conditions, and covenants as the State Properties Commission shaH deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 45. That the consideration for such easement shaH be $10.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 46. That this grant of easement shaH be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shaH be forwarded to the State Properties Commission.

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SECTION 47. That the authorization in this resolution to grant the above-described easement to Southern Conservation Trust shall expire five years after the date that this resolution becomes effective.

SECTION 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE V SECTION 49.

That the State of Georgia is the owner of the hereinafter described real property in Houston 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 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance ofa transmission line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a transmission line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Houston County, Georgia, and is more particularly described as follows:
"Those portions and those portions only as shown in yellow on a Jones Surveying and Engineering Inc. survey dated December 12, 2006, 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 51. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said transmission line.

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SECTION 52. That Flint 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 transmission line.

SECTION 53. That, after the Flint Electric Membership Corporation puts into use the transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Flint 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 become the property of the State of Georgia, or its successors and assigns.

SECTION 54. That no title shall be conveyed to Flint Electric Membership Corporation and, except as herein specifically granted to Flint 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 Flint Electric Membership Corporation.

SECTION 55. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 56. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Flint 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 the State of Georgia and

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approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Flint 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 57. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 58. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 59. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 60. That the authorization in this resolution to grant the above-described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 61. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI SECTION 62.

That the State of Georgia is the owner ofthe hereinafter described real property in Muscogee County, and the property is in the custody of the Department of Driver Services and the Georgia Bureau of Investigation, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 63. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Public Service Telephone Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telephone lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telephone lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Muscogee County, Georgia, and is more particularly described as follows:
"Those portions and those portions only as shown in yellow on a Donaldson, Garrett, and Associates Inc. survey dated March 15, 2006, prepared by Philip Brown and on file in the offices of the State Properties Commission," and may be more particularly described by a plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 64. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telephone lines.

SECTION 65. That the Public Service Telephone 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 telephone lines.

SECTION 66. That, after the Public Service Telephone Company has put into use the telephone lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Public Service Telephone 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 67. That no title shall be conveyed to the Public Service Telephone Company, and, except as herein specifically granted to the Public Service Telephone 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 the Public Service Telephone Company.

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SECTION 68. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 69. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all ofthe 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 Public Service Telephone 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 the Public Service Telephone 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 70. That the easement granted to the Public Service Telephone Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 71. That the consideration for such easement shall be for $10.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 72. That this grant of easement shall be recorded by the grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Cmmission.

SECTION 73. That the authorization in this resolution to grant the above-described easement to the Public Service Telephone Company shall expire three years after the date that this resolution becomes effective.

SECTION 74. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VII SECTION 75.

That the State of Georgia is the owner of the hereinafter described real property in Towns 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 76. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Towns County Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line and water pump in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line and water pump 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 Towns 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 November 17, 2006, prepared by James Alexander, Landtech Services Inc., and all being on file in the offices of the State Properties Commission," and may be more particularly described by a plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 77. That the above-described premises shall be used solely for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line and water pump.

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SECTION 78. That the Towns County Water and Sewer Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line and water pump.

SECTION 79. That, after the Towns County Water and Sewer Authority has put into use the water line and water pump 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 Towns County Water and Sewer Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 80. That no title shall be conveyed to the Towns County Water and Sewer Authority, and, except as herein specifically granted to the Towns County Water and Sewer Authority, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Towns County Water and Sewer Authority.

SECTION 81. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement area

SECTION 82. 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 Towns County Water and Sewer Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission

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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 Towns County Water and Sewer Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 83. That the easement granted to the Towns County Water and Sewer Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 84. That the consideration for such easement shall be for the fair market value but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 85. That this grant of easement shall be recorded by the grantee in the Superior Court of Towns County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 86. That the authorization in this resolution to grant the above-described easement to the Towns County Water and Sewer Authority 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 the grant of the easement area.

ARTICLE VIII SECTION 88.

That the State of Georgia is the owner of the hereinafter described real property in Washington 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

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relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 89. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Sandersville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Sandersville, Washington 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 4, 2007, prepared by Thomas Barker, Barker and Associates Land Surveyors, Inc., and all being on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 90. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.

SECTION 91. That the City of Sandersville 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 92. That, after the City of Sandersville has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Sandersville, 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.

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SECTION 93. That no title shall be conveyed to the City of Sandersville, and, except as herein specifically granted to the City of Sandersville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Sandersville.

SECTION 94. 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 tot he state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right ofway and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 95. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Sandersville 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 Sandersville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on sate 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 96. That the easement granted to the City of Sandersville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 97. That the consideration for such easement shall be $10.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 98. That this grant of easement shall be recorded by the grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 99. That the authorization in this resolution to grant the above-described easement to the City of Sandersville shall expire three years after the date that this resolution becomes effective.

SECTION 100. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IX SECTION 101.

That all laws or parts of laws in conflict with this resolution are repealed.

Approved May 14, 2008.

PROPERTY- MECHANICS' AND MATERIALMEN'S LIENS.
No. 766 (Senate Bill No. 374).
AN ACT
To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics' liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 365 days; to provide for a notice of contest of lien; to provide for the

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computation ofcertain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, is amended by adding new paragraphs to Code Section 44-14-360, relating to definitions, to read as follows:
'(.1) 'Business day' means any day that is not a Saturday, Sunday, or legal holiday.* '(2.1) 'Lien action' means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration.*

SECTION 2. Said part is further amended by revising Code Section 44-14-361.1, relating to how liens are declared and created, as follows:
'44-14-361.1. (a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable:
(1) A substantial compliance by the party claiming the lien with his or her contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up; (2) The filing for record of his or her claim of lien within 90 days after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within 90 days after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located. The lien shall include a statement regarding its expiration pursuant to Code Section 44-14-367 and a notice to the owner of the property on which a claim of lien is filed that such owner has the right to contest the lien; the absence of such statement or notice shall invalidate the lien. The claim shall be in substance as follows:
'A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became

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due on (specify the date the claim was due, which is the same as the last date the labor, services, or materials were supplied to the premises) for building, repairing, improving, or furnishing material (or whatever the claim may be).' No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim oflien by registered or certified mail or statutory overnight delivery to the owner ofthe property or, if the owner's address cannot be found, the contractor, as the agent of the owner; provided, however, if the property owner is an entity on file with the Secretary of State's Corporations Division, sending a copy ofthe claim oflien to the entity's address or the registered agent's address shall satisfy this requirement. In all cases in which a notice of commencement is filed with the clerk of the superior court pursuant to subsection (b) of Code Section 44-14-361.5, a lien claimant shall also send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement; (3) The commencement of a lien action for the recovery of the amount of the party's claim within 365 days from the date of filing for record of his or her claim of lien. In addition, within 30 days after commencing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by such party's attorney of record, but failure to execute the notice under oath shall be an amendable defect which may be cured by the party claiming the lien or by such party's attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number, if any, of the lien action, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state during the required time period for filing a lien action, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in a lien action for the services,

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material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of a lien action, no final judgment can be obtained against him or her for the value of such material, services, labor, or supplies because of his or her death, adjudication in bankruptcy, or the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the contractor or the subcontractor has received payment, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing a lien action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in a lien action against the owner thereof, if filed within the required time period for filing a lien action, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such lien action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any lien action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 30 days after filing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court ofthe county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his or her attorney of record. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number of the lien action, if any, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name ofthe then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. (b) As between themselves, the liens provided for in Code Section 44-14-361 shall rank according to the date filed; but all of the liens mentioned in this Code section for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within 90 days after the work is done or before that time. (c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens oflaborers, to the general lien oflandlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only

GEORGIA LAWS 2008 SESSION

I067

given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this subsection. (d) In any proceeding brought by any materialman, by any mechanic, by any laborer, by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having a direct contractual relationship with the subcontractor shall not be a necessary party; but he or she may be made a party. In any proceedings brought by any mechanic employed by any subcontractor, by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party; but he or she may be made a party. The contractor or subcontractor or both may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. (e) In no event shall the aggregate amount of liens set up by Code Section 44-14-36I exceed the contract price of the improvements made or services performed. (f) The filing fees for a claim of materialman's or mechanic's lien and any related document created pursuant to this Code section, including but not limited to a notice of commencement of action, shall be the amount set by Code Section 15-6-77 for liens on real estate and personal property.'

SECTION 3. Said part is further amended by revising subsection (c) ofCode Section 44-14-361.5, relating to liens of persons without privity of contract, as follows:
'(c) A notice to contractor shall be sent by registered or certified mail or statutory overnight delivery to the owner or the agent of the owner and to the contractor at the addresses set forth in the notice of commencement setting forth:
(1) The name, address, and telephone number ofthe person providing labor, services, or materials; (2) The name and address of each person at whose instance the labor, services, or materials are being furnished; (3) The name of the project and location of the project set forth in the notice of commencement; and (4) A description of the labor, services, or materials being provided and, if known, the contract price or anticipated value of the labor, services, or materials to be provided or the amount claimed to be due, if any.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4. Said part is further amended by revising subsection (a) of Code Section 44-14-364, relating to the release of lien on filing of bond, as follows:
"(a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office ofthat clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any lien action that may be filed by the lienholder to recover the amount of his or her claim within 365 days from the time the claim of lien is filed. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing ofthe bond provided for in this Code section, the real estate shall be discharged from the lien. Within seven days of filing such bond and any attachments, the party filing the bond shall send a notice of filing such bond and a copy of the bond by registered or certified mail or statutory overnight delivery to the lien claimant at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the claimant at the indicated address of such person or, if the bond is filed by a contractor, to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of State's Corporations Division, sending the notice of filing such bond and a copy of the bond to the company's address or the registered agent's address on file with the Secretary of State shall be deemed sufficient; provided, however, that the failure to send the notice of filing the bond and copy of the bond shall not invalidate the bond for purposes of discharge of a claim of lien under this Code section. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit.'

SECTION 5. Said part is further amended by revising Code Section 44-14-366, relating to a waiver oflien or claim upon bond in advance of furnishing labor, services, or materials void, as follows:
'44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing oflabor, services, or materials. Any purported waiver or release of lien or bond

GEORGIA LAWS 2008 SESSION

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claim or of this Code section executed or made in advance of furnishing oflabor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless:
(1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release shall substantially follow the following form, in boldface capital letters in at least 12 point font and the priority of such claimant's lien rights, except as to retention, shall upon such payment thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form:

'INTERIM WAIVER AND RELEASE UPON PAYMENT

STATE OF GEORGIA COUNTY OF _ _ __

THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN

EMPLOYED BY

(NAME OF CONTRACTOR) TO

FURNISH

(DESCRIBE MATERIALS AND/OR

LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _________ (TITLE OF THE PROJECT OR BUILDING) WHICH

IS LOCATED IN THE CITY OF

, COUNTY OF

- - - - - ' AND IS OWNED BY

(NAME OF

OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE

MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE

LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS

OF THE PROJECT.)

UPON THE RECEIPT OF THE SUM OF $

, THE MECHANIC

AND/OR MATERIALMAN W AlVES AND RELEASES ANY AND ALL LIENS

OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED

PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL

BOND THROUGH THE DATE OF

(DATE) AND

1070

GENERAL ACTS AND RESOLUTIONS, VOL. I

EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR

MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON

ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE

UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID

BUILDING OR PREMISES.

GIVEN UNDER HAND AND SEAL THIS

DAYOF

, __

------(SEAL)

(WITNESS)

(ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce making offinal payment, the waiver and release shall substantially follow the following form in boldface capital letters in at least 12 point font:

'WAIVER AND RELEASE UPON FINAL PAYMENT

STATE OF GEORGIA COUNTY OF _ _ __

THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN

EMPLOYED BY

(NAME OF CONTRACTOR) TO

FURNISH

(DESCRIBE MATERIALS AND/OR

LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _________ (TITLE OF THE PROJECT OR BUILDING) WHICH

IS LOCATED IN THE CITY OF

, COUNTY OF

_ _ _ _ _, AND IS OWNED BY

(NAME OF

GEORGIA LAWS 2008 SESSION

1071

OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE

MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE

LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS

OF THE PROJECT.)

UPON THE RECEIPT OF THE SUM OF $

, THE MECHANIC

AND/OR MATERIALMAN WAlVES AND RELEASES ANY AND ALL LIENS

OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED

PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL

BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED

BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR

SAID PROPERTY.

GIVEN UNDER HAND AND SEAL THIS

DAY OF _ _ _ _ _ _, __

-------(SEAL)

(WITNESS)
(ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: ( l) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f)(l) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of:
(A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgment of payment in full; or (C) Sixty days after the date of the execution of the waiver and release, unless prior to the expiration of said 60 day period the claimant files a claim of lien or files in the county in which the property is located an affidavit of nonpayment, using substantially the following form in boldface capital letters in at least 12 point font:

'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366

STATE OF GEORGIA COUNTY OF _ _ __ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN

EMPLOYED BY ---------------------------- (NAME OF

CONTRACTOR) TO FURNISH

(DESCRIBE

MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF

IMPROVEMENTS KNOWN AS

(TITLE OF THE

PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF

_ _ _., COUNTY OF ______, AND IS OWNED BY

----------------------- (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS

GEORGIA LAWS 2008 SESSION

1073

DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT

NUMBER, OR STREET ADDRESS OF THE PROJECT.)

PURSUANT TO O.C.G.A. SECTION 44-14-366 THE UNDERSIGNED

EXECUTED A LIEN WAIVER AND RELEASE WITH RESPECT TO THIS

PROPERTYDATED

, __. THEAMOUNTSETFORTHIN

SAID WAIVER AND RELEASE($_ _) HAS NOT BEEN PAID, AND THE

UNDERSIGNED HEREBY GIVES NOTICE OF SUCH NONPAYMENT.

THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE

UNDERSIGNED, THIS _ _ DAY O F - - - - - _

SWORN TO AND EXECUTED IN THE PRESENCE OF:

_ _ _ _ _ _ _ _(SEAL) CLAIMANT'S SIGNATURE

WITNESS
NOTARY PUBLIC WITHIN SEVEN DAYS OF FILING THIS AFFIDAVIT OF NONPAYMENT, THE FILING PARTY SHALL SEND A COPY OF THE AFFIDAVIT BY REGISTERED OR CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY TO THEOWNEROFTHE PROPERTY. IF THE FILING PARTY IS NOT IN PRIVITY OF CONTRACT WITH THE PROPERTY OWNER AND A NOTICE OF COMMENCEMENT IS FILED FOR THE IMPROVEMENT ON THE PROPERTY FOR WHICH THE FILING PARTY'S LABOR, SERVICES, OR MATERIALS WERE FURNISHED, A COPY OF THE AFFIDAVIT SHALL BE SENT TO THE CONTRACTOR AT THE ADDRESS SHOWN ON THE NOTICE OF COMMENCEMENT. WHENEVER THE OWNER OF THE PROPERTY IS AN ENTITY ON FILE WITH THE SECRETARY OF STATE'S CORPORATIONS DIVISION, SENDING A COPY OF THE LIEN TO THE COMPANY'S ADDRESS OR THE REGISTERED AGENT'S ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.' (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the affidavit of nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) A waiver and release provided in this Code section shall be suspended upon filing of an affidavit of nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the affidavit of nonpayment or claim of lien.'

SECTION 6. Said part is further amended by revising Code Section 44-14-367, relating to notice regarding the process to void liens not perfected by statute, in its entirety as follows:
'44-14-367. Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable. A claim of lien may be disregarded if no notice of commencement of lien action was filed within 395 days from the date the claim of lien was filed. Any lien filed after March 31, 2009, shall include on the face of the lien the following statement in at least 12 point bold font: 'This claim oflien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.' Failure to include such language shall invalidate the lien and prevent it from being filed. No release or voiding of such liens shall be required. A lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Code Section 44-14-368.'

SECTION 7. Said part is further amended by inserting new Code sections to read as follows:
'44-14-368. (a) An owner or an owner's agent or attorney, or the contractor or contractor's agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk's office a notice in substantially the following form, in boldface capital letters in at least 12 point font, along with proof of delivery upon the lien claimant:

'NOTICE OF CONTEST OF LIEN TO: (NAME AND ADDRESS OF LIEN CLAIMANT)

YOU ARE NOTIFIED THAT THE UNDERSIGNED CONTESTS THE CLAIM OF

LIEN FILED BY YOU ON

20_ _, AND RECORDED IN

___ BOOK

, PAGE

OF THE PUBLIC RECORDS

OF

COUNTY, GEORGIA, AGAINST PROPERTY OWNED BY

- - - - - - - - - - ' AND THAT THE TIME WITHIN WHICH YOU MAY COMMENCE A LIEN ACTION TO ENFORCE YOUR LIEN IS LIMITED

GEORGIA LAWS 2008 SESSION
TO 60 DAYS FROM RECEIPT OF THIS NOTICE. THIS OF_ _ _ _ _ _,20_.

1075 DAy

THIS ABOVE-REFERENCED LIEN WILL EXPIRE AND BE VOID IF YOU DO NOT: (1) COMMENCE A LIEN ACTION FOR RECOVERY OF THE AMOUNT OF THE LIEN CLAIM PURSUANT TO O.C.G.A. SECTION 44-14-361.1 WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE; AND (2) FILE A NOTICE OF COMMENCEMENT OF LIEN ACTION WITHIN 30 DAYS OF FILING THE ABOVE-REFERENCED LIEN ACTION.

SIGNED:_ _ _ _ _ _ _ _ _ _ _ _ _ __ (OWNER, CONTRACTOR, AGENT OR ATTORNEY)' (b) The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing. (c) The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement oflien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin.

44-14-369. For the purposes of this part, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1.'

SECTION 8. This Act shall become effective on March 31, 2009.

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

Approved May 14, 2008.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE- SUBAGENTS; BACKGROUND CHECKS; APPOINTMENT; PROHIBITIONS;
ADJUSTERS; COMMUNICATIONS EQUIPMENT RETAILERS.

No. 767 (Senate Bill No. 113).

AN ACT

To amend Article I of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to provide definitions; to require appointment of an agent by an authorized insurer before licensing; to provide for forms for license applications; to provide for appointment of limited subagents; to prohibit agents whose licenses are inactive from selling, soliciting, or negotiating insurance; to provide for rules and regulations for certain adjusters; to provide for limited licenses for retail vendors of communications equipment to offer or sell insurance policies covering certain risks for communications equipment; to conform certain terms; 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 I of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, is amended by revising subsection (a) of Code Section 33-23-1, relating to definitions, by adding a new paragraph to read as follows:
"(10.1) 'Limited subagent' means an individual licensed on behalf of a licensed agent pursuant to Code Section 33-23-!2."

SECTION 2. Said article is further amended by revising subsections (c), (d), and (e) of Code Section 33-23-4, relating to license requirements, as follows:
"(c) An insurer may pay a commission or other valuable consideration to a licensed insurance agency in which all employees, stockholders, directors, or officers who sell, solicit, or negotiate insurance contracts are qualified insurance agents, limited subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, limited subagent, or counselor may share any commission or other valuable consideration with such a licensed insurance agency.

GEORGIA LAWS 2008 SESSION

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(d) No person other than a duly licensed adjuster, agent, limited subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (b) and (c) of this Code section. (e) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, limited subagent, or counselor nor prevent the receipt or payment of any commission by an individual who has been issued a temporary license pursuant to this chapter."

SECTION 3. Said article is further amended by revising Code Section 33-23-5, relating to qualifications and requirements for license, as follows:
"33-23-5. (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The Commissioner shall not issue a license to any individual applicant for a license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (8) of this subsection:
(1) The individual applicant shall be a resident of this state who shall reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, that in cities, towns, or trade areas, either unincorporated or composed of two or more incorporated cities or towns, located partly within and partly outside this state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business. The individual applying for an agent, adjuster, or counselor license shall be at least 18 years of age; (2) If applying for an agent's license for property and casualty insurance, the applicant shall not use or intend to use such license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant shall not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; (3) If applying for an agent's license, the applicant shall be appointed an agent by an authorized insurer prior to issuance of the license; (4) The individual applicant shall be of good character; (5) The individual applicant shall pass any written examination required for the license by this article, provided that:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) An individual who applies for an insurance agent's license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption shall only be available if the individual is currently licensed in that state or if the application is received within 90 days ofthe cancellation ofthe applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the National Association oflnsurance Commissioners, its affiliates, or subsidiaries indicate that the agent is or was licensed in good standing for the line of authority requested; and (B) An individual licensed as an insurance agent in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to Code Section 33-23-8. No prelicensing education or examination shall be required of that individual to obtain a license for any line of authority previously held in the prior state except where the Commissioner determines otherwise by rule or regulation; (6) If applying for a license as counselor, the applicant shall 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 such applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner; (7) If applying for an agent's license, limited subagent's license, or adjuster's license, no applicant shall be qualified therefor or be so licensed unless he or she has successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; and (8) The Commissioner shall by rule or regulation establish criteria and procedures for the scope of prelicensing requirements and exemptions, if any, to the prelicensing or examination requirements. (b) An individual who was licensed as an agent, counselor, limited subagent, surplus line broker, or adjuster at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permitted to reinstate his or her license upon termination ofemployment if written request is made within 90 days after the date of termination of employment with the Commissioner. (c) Active licensees who apply for additional licenses and individuals who apply for the reinstatement of a license prior to six months from the license expiration date shall not be required to submit fingerprints pursuant to Code Section 33-23-5.1.'

GEORGIA LAWS 2008 SESSION

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SECTION 4. Said article is further amended by adding a new Code section to read as follows:
'33-23-5.1. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought. (b) With respect to the requirements of paragraph (4) of subsection (a) of Code Section 33-23-5, the Commissioner shall be authorized to obtain conviction data with respect to an applicant as authorized in this Code section. The Commissioner shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt of such material, the Georgia Crime Information Center shall promptly forward one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and the preparation of an appropriate report concerning such records search and shall retain the other set and promptly conduct a search of its own records and all records to which the center has access. The Georgia Crime Information Center shall notify the Commissioner in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the Commissioner shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this Code section and except to any person or agency that otherwise has a legal right to inspect the employment file. All such records shall be maintained by the Commissioner pursuant to the laws regarding such records and the rules and regulations of the Federal Bureau oflnvestigation and the Georgia Crime Information Center, as applicable.'

SECTION 5. Said article is further amended by revising Code Section 33-23-8, relating to form and contents of license application, as follows:
'33-23-8. (a) An individual applicant for any license required by this chapter shall file with the Commissioner an application upon forms prescribed by the Commissioner. (b) If the application is for an agent's or limited subagent's license, the application shall state the kinds of insurance proposed to be transacted. If applying as a limited subagent, the applicant shall be appointed as a limited subagent by a sponsoring agent prior to the issuance of such license. (c) As to any application for a limited subagent's license or certificate of authority, the Commissioner shall require as part of the application a certificate of the sponsoring agent proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the sponsoring agent is satisfied that the applicant

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is trustworthy and qualified to act as its limited subagent and to hold himself or herself out in good faith to the general public as a limited subagent and the fact that the sponsoring agent desires that the applicant be licensed as a limited subagent to represent it in this state. (d) Each applicant for an agency license shall file with the Commissioner the information required under Code Section 33-23-3. (e) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law."

SECTION 6. Said article is further amended by revising subsections (a) and (c) of Code Section 33-23-10, relating to examination of applicants, as follows:
"(a) Each individual applicant for a license as agent, limited subagent, counselor, adjuster, or surplus line broker shall submit to a personal examination in writing as to his or her competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reasonable waiting period before giving a reexamination to an applicant who failed to pass a previous similar examination." "(c) An applicant for a license to act as an agent, limited subagent, surplus line broker, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if application is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that:
(I) The individual was a member of the armed forces of the United States at the time the previous license lapsed; and (2) The individual's service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license."

SECTION 7. Said article is further amended by revising subsections (c) and (d) of Code Section 33-23-12, relating to limited licenses, as follows:
"(c)(l) As used in this subsection, the term: (A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection. (B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease.

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(C) 'Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days. (D) 'Rental period' means the term of the rental agreement. (E) 'Renter' means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days. (F) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type, including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight ofless than 26,000 pounds and which do not require the operator to possess a commercial driver's license. (2) The Commissioner may issue to a rental company that has complied with the requirements ofthis subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for a limited license in such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may only offer or sell insurance through licensed insurers in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage, whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to

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renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance shall be offered by a limited licensee pursuant to this subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that:
(i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees two hours of continuing education courses annually to be taught by a licensed instructor. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted.

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(10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. (d)( 1) As used in this subsection, the term 'communications equipment' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other devices or their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (2) The Commissioner may issue to a retail vendor of communications equipment that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment. (3) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment by the retail vendor. (4) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such retail vendor shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. (6) No prelicensing examination shall be required for issuance of such license.'

SECTION 8. Said article is further amended by revising subsections (a) and (d) of Code Section 33-23-13, relating to temporary licenses, and by adding a new subsection (e) to read as follows:
'(a) In the event of the death of an agent or limited subagent, including a temporary agent or limited subagent, or the inability to act as an agent or limited subagent by reason of service in the armed services ofthe United States, illness or other disability, or termination of appointment by the insurer, if there is no other individual connected with the agency who is licensed as an agent or limited subagent in regard to insurance of the classification transacted by the agent or limited subagent deceased or unable to act, the Commissioner may issue a temporary license as agent or limited subagent in regard to insurance of such classification to an employee ofthe agency, to a member of the family of said former agent or limited subagent, or to some associate or to a guardian, receiver, executor, or administrator for the purpose ofcontinuing or winding up the business affairs of the agent, limited subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn application upon forms prescribed by the Commissioner. The applicant shall not be required to meet the requirements as to examination, residence, and education

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required for licensing of agents or limited subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license.' "(d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or limited subagent. The license shall not authorize the holder thereof to sell, solicit, or negotiate new insurance accounts. (e) As to any application for a temporary agent's license pursuant to subsection (b) of this Code section, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer is satisfied that such applicant is trustworthy and qualified to act as its temporary agent and to hold himself or herself out in good faith to the general public as a temporary agent and the fact that the insurer desires that the applicant be licensed as a temporary agent to represent it in this state."

SECTION 9. Said article is further amended by revising subsections (a) and (b) of Code Section 33-23-18, relating to issuance of license on continuous basis, as follows:
"(a) All resident agent, limited subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a continuous basis. (b) Such resident agent, limited subagent, adjuster, and counselor licenses may be continued upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law.'

SECTION 10. Said article is further amended by revising subsection (b) ofCode Section 33-23-19, relating to placing of license on inactive status, as follows:
"(b) When a license is placed on inactive status under this Code section, the agent shall be prohibited from selling, soliciting, or negotiating insurance."

SECTION 11. Said article is further amended by revising subsections (a) and (c) of Code Section 33-23-20, relating to effect oflicense suspension or placement oflicense on inactive status, as follows:
"(a) The suspension of the license of an agent or limited subagent or the placing of such license on inactive status shall not deprive such individual or the executors or administrators of such individual's estate of any right that may have been acquired by a contract made before such suspension or placement on inactive status to receive all or a portion of commissions upon contracts of insurance written before such suspension or

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placement on inactive status with reference to the periods of time during which such contracts are in effect, including renewal option periods provided in the contracts.' '(c) Nothing in this article shall be construed to permit an agent or limited subagent whose license has been suspended or placed in inactive status to sell, solicit, or negotiate insurance other than as expressly permitted in subsections (a) and (b) of this Code section.'

SECTION 12. Said article is further amended by revising subsection (a) of Code Section 33-23-23, relating to limitation on application after refusal or revocation of license, as follows:
'(a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, agency, limited subagent, surplus lines broker, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, ifjudicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation.'

SECTION 13. Said article is further amended by revising Code Section 33-23-25, relating to place of business, as follows:
'33-23-25. Every licensed agent, limited 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 of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address ofthe 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 14. Said article is further amended by revising Code Section 33-23-26, relating to agent's certificate of authority, by adding a new subsection to read as follows:
"(i) As to any application for an agent's certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that such applicant is trustworthy and qualified to act as its agent in this state.'

SECTION 15. Said article is further amended by revising Code Section 33-23-28, relating to scope of subagent's authority, as follows:

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'33-23-28. (a) A subagent's certificate of authority shall not cover any kind of insurance for which the sponsoring agent and subagent are not licensed. (b) A subagent or limited subagent shall not have power to bind an insurer. (c) All business transacted by a subagent under such subagent's license or limited subagent shall be in the name of the agent by whom the subagent or limited subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent or limited subagent within the scope of his or her employment. (d) A record of each transaction shall be maintained by both the agent and the subagent or limited subagent.'

SECTION 16. Said article is further amended by revising subsection (b) of Code Section 33-23-29, relating to authority of agent to act as adjuster, as follows:
'(b) No license by this state shall be required: (I) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or (2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. The Commissioner may by rule or regulation establish criteria and procedures for adjusters operating under this Code section.'

SECTION 17. Said article is further amended by revising subsections (a) and (c) of Code Section 33-23-34, relating to records of transactions, as follows:
'(a) Every agent, limited subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include:
(I) In the case of an agent or limited subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received

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or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner.' "(c) In the case of agents or limited subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section."

SECTION 18. Said article is further amended by revising subsection (a) of Code Section 33-23-35, relating to reporting and disposition of premiums, as follows:
"(a) An agent, limited subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor."

SECTION 19. Said article is further amended by revising subsection (a) of Code Section 33-23-38, relating to placing insurance beyond scope of license or with nonlicensed insurers prohibited, as follows:
'(a) No agent or limited subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agent's or limited subagent's license, nor shall the agent or limited subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state.

SECTION 20. Said article is further amended by revising Code Section 33-23-41, relating to liability and penalties for unauthorized acts, as follows:
'33-23-41. Any person who in this state acts, purports to act, or holds himself or herself out as an agent, limited subagent, counselor, or adjuster or as an employee of an agent, limited subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this title or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this

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state. It is the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion ofthe premium relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title!

SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2008.

INSURANCE- CONSUMER CHOICE OPTIONS; STATE EMPLOYEES.
No. 768 (House Bill No. 1328).
AN ACT
To amend Code Section 33-20A-9.1 ofthe Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees' health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, is amended by revising subsection (c) as follows:
'(c) Except for managed care plans offering a consumer choice option under subparagraph (d)(2)(C) of this Code section, every managed care plan offered by a managed care entity shall offer a separate consumer choice option to enrollees at least annually with the following provisions:

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(1) Every enrollee of a managed care plan shall have the right to nominate one or more out of network health care providers or hospitals for use by that enrollee and that enrollee's eligible dependents, if:
(A) Such health care provider or hospital is located within and licensed by the state; (B) Such health care provider or hospital agrees to accept reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals. The reimbursement rates for the plan may be proportionally reduced from those paid to participating providers if the cost-sharing provisions in paragraph (3) of subsection (d) of this Code section are utilized in the consumer choice option; (C) Such health care provider or hospital agrees to adhere to the managed care plan's quality assurance requirements and to provide the plan with necessary medical information related to such care; and (D) Such health care provider or hospital meets all other reasonable criteria as required by the managed care plan of in network providers and hospitals; and (2) Each nominated health care provider or hospital which meets the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1) of this subsection shall be reimbursed by the plan, subject to the agreement in subparagraph (B) of paragraph (I) of this subsection, as though it belonged to the managed care plan's provider network. Such reimbursement shall be full and final payment for the health care services provided to the enrollee and no health care provider or hospital shall bill the enrollee for any portion of a payment exclusive of the requirements of subparagraph (B) of paragraph (I) of this subsection.'

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

Approved May 14, 2008.

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INSURANCE- DOMESTIC INSURERS; PERIODIC FINANCIAL EXAMINATIONS; PROPERTY AND CASUALTY ACTUARIAL OPINION LAW.

No. 769 (Senate Bill No. 471).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for regulator financial examinations ofdomestic insurers every five years; to provide for the confidentiality ofexamination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code Section 33-2-11, relating to examination of insurers and organizations, as follows:
'(a) Whenever the Commissioner shall deem it expedient, the Commissioner shall examine, either in person or by some examiner duly authorized by the Commissioner, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this state and any other facts relative to its business methods, management, and dealings with policyholders. At least once every five years, the Commissioner shall so examine each domestic insurer. Examination of an alien insurer shall be limited to its insurance transactions in the United States.'

SECTION 2. Said title is further amended by revising subsection (g) of Code Section 33-2-14, relating to preparation of written reports of examinations generally, as follows:
'(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, recorded information, documents, copies received from another state, and any other materials created, produced, or obtained by or

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disclosed to the Commissioner or any other person in the course of an examination made under this chapter must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained.'

SECTION 3. Said title is further amended by revising Code Section 33-2-15, relating to payment of expenses of examinations, as follows:
'33-2-15. (a) At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses ofthe examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the examiner and his or her assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, counselor, or adjuster but shall be borne by the department. (b) An examiner or other person appointed or authorized by the Commissioner, while participating in an examination conducted under this chapter, shall enjoy the same immunities as those of a regular employee of the department under similar circumstances.'

SECTION 4. Said title is further amended by adding a new chapter to read as follows:

'CHAPTER62

33-62-1. This chapter shall be known and may be cited as the 'Property and Casualty Actuarial Opinion Law.'

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33-62-2. (a) Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled 'Statement of Actuarial Opinion.' This opinion shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions.
(b)(!) Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a) of this Code section. (2) A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request. (c)(!) An actuarial report and underlying work papers as required by rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions shall be prepared to support each actuarial opinion. (2) Ifthe insurance company fails to provide a supporting actuarial report or work papers at the request of the Commissioner or the Commissioner determines that the supporting actuarial report or work papers provided by the insurance company are otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the insurance company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers. (d) The appointed actuary shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuary's opinion except in cases of fraud or willful misconduct on the part of the appointed actuary.

33-62-3. (a) The statement of actuarial opinion shall be provided with the annual statement in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be treated as a public document.
(b)( I) Documents, materials, or other information in the possession or control of the department that are considered an actuarial report, work papers, or actuarial opinion summary provided in support of the opinion and any other material provided by the insurance company to the Commissioner in connection with the actuarial report, work papers, or the actuarial opinion summary shall be confidential by law and privileged, shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, shall not be

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subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. (2) The provisions of this subsection shall not be construed to limit the Commissioner's authority to release the documents to the Actuarial Board for Counseling and Discipline so long as the material is required for the purpose of professional disciplinary proceedings and that the Actuarial Board for Counseling and Discipline establishes procedures satisfactory to the Commissioner for preserving the confidentiality of the documents. In addition, the provisions of this subsection shall not be construed to limit the Commissioner's authority to use the documents, materials, or other information in furtherance of any regulatory or legal action brought as a part of the Commissioner's official duties. (c) Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning such confidential documents, materials, or other information subject to subsection (b) of this Code section. (d) In order to assist the Commissioner in the performance of his or her duties, the Commissioner may: (1) Share documents, materials, and other information, including confidential and privileged documents, materials, and information subject to subsection (b) of this Code section with other state, federal, and international regulatory agencies, with the National Association oflnsurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information and has the legal authority to maintain confidentiality; (2) Receive documents, materials, and other information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions. The Commissioner shall maintain as confidential and privileged any document, material, or information received with notice and the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and (3) Enter into agreements concerning sharing and use of information consistent with this subsection and subsections (b) and (c) of this Code section. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized by subsection (d) of this Code section.'

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SECTION 5. Section 4 of this Act shall become effective on January 1, 2010. All other sections of this Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

RETIREMENT- RETIRED TEACHERS; RETURN TO SERVICE; FISCAL IMPACT BILLS; DIVEST OR REFRAIN FROM INVESTING.
No. 770 (Senate Bill No. 327).
AN ACT
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to define certain terms; to provide that a retired teacher who has been retired for at least 12 calendar months may return to full-time employment in certain positions and continue to collect his or her full retirement benefit; to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills, so as to define a term; to provide procedures for certain bills; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, is amended by revising Code Section 47-3-127.1, relating to employment of a retired teacher as a full-time teacher or in other capacities, as follows:
"47-3-127.1. (a) As used in this Code section, the term:
(1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her sole responsibility the academic instruction of students in a classroom.

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(2) 'Normal service retirement' means retirement at or after the age of60 with at least ten years ofcreditable service or retirement with 30 years ofcreditable service without regard to age. (3) 'Retired teacher' means a beneficiary of this retirement system who has been retired on a normal service retirement for at least 12 calendar months. (b)(!) A public school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, media specialist, or counselor and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a retired teacher who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) A regional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section. (3) The salary paid to any retired teacher employed under this Code section shall be determined pursuant to an agreement between the retired teacher and the employing school system. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (4) A public school system employing a retired teacher subject to this subsection shall pay all employer and employee contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, superintendent, media specialist, or counselor, and such retired teacher's benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. (d) The provisions of this Code section shall be automatically repealed on June 30, 2016.'

SECTION 2. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills, is amended by revising paragraph (6) of Code Section 47-20-30, relating to definitions, as follows:

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'(6) 'Retirement bill having a fiscal impact' means any retirement bill creating or establishing a retirement system and any other retirement bill other than a nonfiscal retirement bill. Such term shall include any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments.'

SECTION 3. Said article is further amended by adding a new subsection to Code Section 47-20-34, relating to the introduction of retirement bills having a fiscal impact and preliminary consideration by committee, to read as follows:
'(d) Any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments may only be introduced as provided in subsection (a) of this Code section and, in addition to the certification of the state auditor required by Code Section 47-20-32, such legislation shall be accompanied at the time of introduction by a statement from the Governor, the Lieutenant Governor, or the Speaker ofthe House ofRepresentatives describing the primary goal the bill is designed to achieve. Such bill shall also have attached at the time of introduction a fiscal analysis from each public retirement system affected stating the cost of compliance with the legislation and the anticipated annual fiscal losses which will be incurred as a result of complying with the legislation.'

SECTION 4. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July I, 2008, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

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INSURANCE- GUARANTEED ASSET PROTECTION WAIVERS.

No. 771 (Senate Bill No. 470).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for guaranteed asset protection waivers; to provide for legislative intent; to provide for scope; to provide for purposes; to provide for definitions; to provide for requirements for offering; to provide for contractual liability or other insurance policies; to provide for disclosures; to provide for cancellation; to provide for exempted commercial transactions; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:

'CHAPTER 62

33-62-1. The General Assembly finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued after the date of enactment of this chapter shall not be construed as insurance.

33-62-2. (a) The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state. (b) This chapter shall not apply to:
(I) An insurance policy offered by an insurer under the insurance laws of this state; or (2) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other federal law. (c) Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from this state's insurance licensing requirements.

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33-62-3. The following terms are defined for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset protection waivers:
(1) 'Administrator' means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (2) 'Borrower' means a debtor, retail buyer, or lessee under a finance agreement. (3) 'Creditor' means:
(A) The lender in a loan or credit transaction; (B) The lessor in a lease transaction; (C) Any retail installment seller that provides credit to any retail buyer of motor vehicles, provided that such entity complies with the provisions of this chapter; (D) The seller in commercial retail installment transactions; or (E) The assignees ofany ofthe creditors listed in subparagraphs (A) through (D) ofthis paragraph to whom the credit obligation is payable. (4) 'Finance agreement' means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle. (5) 'Free look period' means the period of time from the effective date ofthe guaranteed asset protection waiver until the date the borrower may cancel the guaranteed asset protection waiver without penalty, fees, or costs to the borrower. This period of time must not be shorter than 30 days. (6) 'Guaranteed asset protection waiver' means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement. (7) 'Insurer' means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state. (8) 'Motor vehicle' means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers. (9) 'Person' includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity. (1 0) 'Retail buyer' shall have the same meaning as provided in Code Section 10-1-31. (11) 'Retail installment seller' shall have the same meaning as provided in Code Section I0-1-3 l.

33-62-4. (a) Guaranteed asset protection waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter.

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(b) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. (c) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the federal Truth in Lending Act, 15 U.S.C. 160 I et seq., and its implementing regulations, as they may be amended from time to time, must be separately stated and is not to be considered a finance charge or interest. (d) A retail installment seller must insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor other than a retail installment seller may insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor or retail installment seller or may be procured by an administrator to cover a creditor's or retail installment seller's obligations. However, retail installment sellers that are lessors on motor vehicles are not required to insure obligations related to guaranteed asset protection waivers on such leased vehicles. (e) The guaranteed asset protection waiver shall remain a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor. (f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase ofa guaranteed asset protection waiver. (g) Any creditor that offers a guaranteed asset protection waiver must report the sale of, and forward funds received on, all such waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents. (h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator pursuant to the terms ofa written agreement must be held by such creditor or administrator in a fiduciary capacity.

33-62-5. (a) Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation ofthe insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued by the creditor and purchased or held by the borrower. (b) Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement. (c) Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must remain in effect unless cancelled or terminated in compliance with the applicable insurance laws of this state.

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(d) The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurer's responsibility for guaranteed asset protection waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.

33-62-6. Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:
(I) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor; (2) The purchase price and the terms of the guaranteed asset protection waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the guaranteed asset protection waiver; (3) That the borrower may cancel the guaranteed asset protection waiver within a free look period, as specified in the waiver, and will be entitled to a full refund of the purchase price, provided no benefits have been made; or in the event benefits have been made, the borrower may receive a full or partial refund if the waiver so provides; (4) The procedure the borrower must follow, if any, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits; (5) Whether or not the guaranteed asset protection waiver is cancelable after the free look period and the conditions under which it may be canceled or terminated, including the procedures for requesting any refund due; (6) That in order to receive any refund due in the event of a borrower's cancellation of the guaranteed asset protection waiver agreement or early termination of the finance agreement after the free look period of the guaranteed asset protection waiver, the borrower, in accordance with terms of the waiver, must provide a written request to cancel to the creditor, administrator, or such other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement; (7) The methodology for calculating any refund of the unearned purchase price of the guaranteed asset protection waiver due in the event ofcancellation ofthe guaranteed asset protection waiver or early termination of the finance agreement; and (8) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of the guaranteed asset protection waiver.

33-62-7. (a) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full

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refund of the purchase price, provided no benefits have been paid; or in the event benefits have been paid, the borrower may receive a full or partial refund if the waiver so provides. (b) In the event of a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator, or other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement. (c) Ifthe cancellation ofa guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d) of this Code section. (d) Any cancellation refund under subsection (a), (b), or (c) of this Code section may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.

33-62-8. Subsection (c) of Code Section 33-62-4 and Code Sections 33-62-6 and 33-62-9 shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction.

33-62-9. The Commissioner of Insurance may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect guaranteed asset protection waiver holders in this state. After proper notice and opportunity for hearing, the commissioner may:
(1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further guaranteed asset protection waiver related operations which are in violation of this chapter; and (2) Impose a penalty of not more than $500.00 per violation and not more than $10,000.00 in the aggregate for all violations of similar nature. For purposes of this paragraph, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice which is determined to be a violation of this chapter occurred.'

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SECTION 2. This Act shall become effective on July I, 2008, and apply to all guaranteed asset protection waivers which shall become effective on or after January I, 2009.

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

Approved May I4, 2008.

HEALTH- COVERDELL-MURPHY ACT.
No. 772 (Senate Bill No. 549).
AN ACT
To amend Chapter II of Title 3I of the Official Code of Georgia Annotated, relating to emergency medical services, so as to enact the "Coverdell-Murphy Act"; to establish a two level system of certified stroke centers; to provide for legislative findings; to provide for definitions; to provide for the identification of primary stroke centers and remote treatment stroke centers; to provide for a grant program; to provide for the distribution of a list of state identified stroke centers to emergency medical services providers; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is identified by the state as a primary or remote treatment stroke center unless so identified; to provide for rules and regulations; 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 "Coverdell-Murphy Act" in honor of the late Georgia Congressman Paul D. Coverdell and the late Georgia Speaker of the House of Representatives Thomas B. Murphy, both revered politicians of the great State of Georgia, and victims of massive strokes.

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SECTION 2. Chapter ll of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding a new Article 6 to Chapter ll to read as follows:

'ARTICLE 6

31-11-110. The General Assembly finds and declares that:
(I) The rapid identification, diagnosis, and treatment of stroke can save the lives of stroke victims and in some cases can reverse neurological damage such as paralysis and speech and language impairments, leaving stroke victims with few or no neurological deficits; (2) Despite significant advances in diagnosis, treatment and prevention, stroke is the third leading cause of death and the biggest cause of disability in this country; an estimated 700,000 to 750,000 new and recurrent strokes occur each year in this country and with the aging ofthe population, the number of persons who have strokes is projected to increase; (3) Although new treatments are available to improve the clinical outcomes of stroke, many acute care hospitals often face challenges in obtaining staffand equipment required to optimally triage and treat stroke patients, including the provision of optimal, safe, and effective emergency care for these patients; (4) Although the Georgia Coverdell Acute Stroke Registry currently exists within the Department ofHuman Resources as a program whose purpose is to increase improvement of the quality of acute stroke care through collaborative efforts with participating hospitals in this state, less than one-third of Georgia's hospitals are currently enrolled in the program. Therefore increased participation in and funding of this program in conjunction with the adherence to the tenets of this article would have profound effects on the quality of care for acute stroke victims in this state; (5) An effective system to support stroke survival is needed in our communities in order to treat stroke victims in a timely manner and to improve the overall treatment of stroke victims in order to increase survival and a decrease the disabilities associated with stroke. There is a public health need for acute care hospitals in this state to establish stroke centers to ensure the rapid triage, diagnostic evaluation and treatment of patients suffering a stroke; (6) Two levels of stroke centers should be established for the treatment of acute stroke:
(A) Primary stroke centers should be established in as many acute care hospitals as possible to evaluate, stabilize, and provide or arrange for treatment, care, and rehabilitative services to patients diagnosed with acute stroke; and (B) Because access to stroke care is limited in the rural areas of the state due to the limited availability of professional specialists, high-tech imaging equipment, and transportation services, remote treatment stroke centers should be established to

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evaluate, stabilize, and provide treatment to patients diagnosed with acute stroke in rural portions of the state; (7) Coordination between primary stroke centers and remote treatment stroke centers should be encouraged through the establishment of coordinated stroke care agreements between primary stroke centers and remote treatment stroke centers; and (8) Therefore, it is in the best interest of the residents of this state to establish a program to identify certified stroke centers throughout the state, to provide specific patient care and support services criteria that stroke centers must meet in order to ensure that stroke patients receive safe and effective care, and to provide financial support to acute care hospitals to encourage them to develop stroke centers in all areas of the state. Further, it is in the best interest of the people of this state to modify the state's emergency medical response system to assure that stroke victims may be quickly identified and transported to and treated in facilities that have specialized programs for providing timely and effective treatment for stroke victims.

31-11-111. As used in this article, the term 'department' means the same state agency or state board which regulates emergency medical services personnel and providers pursuant to this chapter.

31-11-112. (a) The department shall identify hospitals that meet the criteria set forth in this article as primary or remote treatment stroke centers. (b) A hospital shall apply to the department for such identification and shall demonstrate to the satisfaction of the department that the hospital meets the applicable criteria set forth in Code Section 31-11-113. (c) The department shall identify as many hospitals as primary or remote treatment stroke centers as apply for the identification, provided that each applicant meets the applicable criteria set forth in Code Section 31-11-113. (d) The department may suspend or revoke a hospital's identification as a primary or remote treatment stroke center, after notice and hearing, if the department determines that the hospital is not in compliance with the requirements of this article.

31-11-113. (a) A hospital identified as a primary stroke center shall be certified as such by the Joint Commission on Accreditation of Healthcare Organizations. Any hospital wishing to receive official identification under this Code section must submit a written application to the department, providing adequate documentation of the hospital's valid certification as a primary stroke center by the commission.

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(b) Remote treatment stroke centers shall be certified and identified by the department through an application process to be determined by the department. Said process shall contain, at minimum, the following requirements:
(I) Remote treatment stroke center certifications and identifications by the department are limited to those hospitals that utilize current and acceptable telemedicine protocols relative to acute stroke treatment as defined by the department; (2) Upon receipt of complete and proper application for certification as a remote treatment stroke center, the department shall schedule and conduct an inspection of the applicant's facility no later than 90 days after receipt of application; and (3) Any hospital, upon certification by the department as a remote treatment stroke center, shall automatically be identified as a remote treatment stroke center and shall be added to the list of such hospitals as defined in subsection (a) of Code Section 31-11-115. (c) Primary stroke centers are encouraged to coordinate, through agreement, with remote treatment stroke centers throughout the state to provide appropriate access to care for acute stroke patients. The coordinating stroke care agreements shall be in writing and include at minimum: (I) Transfer agreements for the transport and acceptance of all stroke patients seen by the remote treatment stroke center for stroke treatment therapies which the remote treatment stroke center is not capable of providing; and (2) Communication criteria and protocols with the remote treatment stroke centers.

31-11-114. (a) In order to encourage and ensure the establishment of stroke centers throughout the state, the department shall award grants, subject to appropriations from the General Assembly, to hospitals that seek identification as remote treatment stroke centers and demonstrate a need for financial assistance to develop the necessary infrastructure, including personnel and equipment, in order to satisfy the criteria for identification as a remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113. (b) A hospital seeking identification as a remote treatment stroke center pursuant to this article may apply to the department for a grant, in a manner and on a form required by the department, and provide such information as the department deems necessary to determine if the hospital is eligible for the grant. (c) The department may provide grants to as many hospitals as it deems appropriate, subject to appropriations, taking into consideration adequate geographic diversity with respect to locations. (d) The department shall, not later than September I, 2009, prepare and submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report indicating, as of June 30, 2009, the total number of hospitals that have applied for grants pursuant to this Code section, the number of applicants that have been determined by the department to be eligible for such grants, the total number of grants to be awarded, the name and address of each grantee hospital, the amount of the award to each grantee, the

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amount of each award to be disbursed to the grantee, and whether or not, in the opinion of the department, each grantee would be able to attain identification as a remote treatment stroke center pursuant to subsection (b) of Code Section 31-11-113.

31-11-115. (a) Beginning June I, 2009, and each year thereafter, the department shall send the list of primary and remote treatment stroke centers identified pursuant to Code Section 31-11-113 the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of the list in the office designated with the department to oversee emergency medical services, and shall post a list of primary and remote treatment stroke centers on the department's website. (b) The department shall adopt or develop a sample stroke triage assessment tool. The department shall post this sample assessment tool on its website and distribute a copy of the sample assessment tool to each licensed emergency medical services provider no later than December 31, 2008. Each licensed emergency medical services provider shall use a stroke triage assessment tool that is substantially similar to the sample stroke triage assessment tool provided by the department. (c) The office designated within the department to oversee emergency medical services shall establish protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers in this state.

31-11-116. (a) In order to assure that the patients are receiving the appropriate level of care and treatment at each primary stroke center in the state, each hospital identified as a primary stroke center shall annually report the following information to the department:
(1) The number of patients evaluated; (2) The number of patients receiving acute interventional therapy; (3) The amount of time from patient presentation to delivery of acute interventional therapy; (4) Patient length of stay; (5) Patient functional outcome; (6) Patient morbidity; (7) Deep vein thrombosis prophylaxis given; (8) Number of patients discharged on antiplatelet or antithrombotics medication; (9) Number of patients with atrial fibrillation receiving anticoagulation therapy; (10) Patients on which the administration of tissue plasminogen activator was considered; (II) Antithrombotic medication administered within 48 hours of hospitalization; (12) Number of lipid profiles ordered during hospitalization; (13) Number of screens for dysphagia performed; (14) Stroke education provided;

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(15) Number of smoking cessation programs provided or discussed; (16) The number of patients assessed for rehabilitation and whether a plan for rehabilitation was considered; (17) The number of emergency medical services stroke patients who were transported to the facility; (18) The number of emergency medical services stroke patients who were admitted to the facility; (19) The number and percentage of stroke cases treated with intravenous or intra-arterial tissue plasminogen activator; and (20) The number of patients discharged on cholesterol reducing medication. (b) In order to assure that the patients are receiving the appropriate level of care and treatment at each remote treatment stroke center in the state, each hospital identified as a remote treatment stroke center shall annually report the following information to the department: (1) The number of patients evaluated; (2) The number of patients receiving acute interventional therapy; (3) The amount of time from patient presentation to delivery of acute interventional therapy; (4) Patient length of stay; (5) The number of emergency medical services stroke patients who were transported to the facility; (6) The number of emergency medical services stroke patients who were admitted to the facility; and (7) The number and percentage of stroke cases treated with intravenous or intra-arterial tissue plasminogen activator. (c) The department shall collect the information reported pursuant to subsections (a) and (b) of this Code section and shall post such information in the form of a report card annually on the department's website and present such report to the Governor, the President ofthe Senate, and the Speaker of the House of Representatives. The results of this report card may be used by the department to conduct training with the identified facilities regarding best practices in the treatment of stroke. (d) In no way shall this article be construed to require disclosure of any confidential information or other data in violation of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

31-11-117. This article shall not be construed to be a medical practice guideline and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patient's needs and circumstances.

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31-11-118. A hospital may not advertise to the public, by way of any medium whatsoever, that it is identified by the state as a primary or remote treatment stroke center unless the hospital has been identified as such by the department pursuant to this article.

31-11-119. The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article."

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

Approved May 14, 2008.

EDUCATION- REVENUE- EDUCATIONAL IMPROVEMENT PROGRAM; STUDENT SCHOLARSHIP ORGANIZATIONS; INCOME TAX EXCLUSION.
No. 773 (House Bill No. 1133).
AN ACT
To amend Titles 20 and 48 ofthe Official Code ofGeorgia Annotated, relating, respectively, to education and revenue and taxation, so as to provide for a program of educational improvement; to provide for definitions; to provide for student scholarship organizations; to provide for procedures; to provide for an income tax credit with respect to qualified education expenses; to provide for an income tax exclusion with respect to certain scholarship amounts; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new chapter to read as follows:

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"CHAPTER2A

20-2A-l. As used in this chapter, the term:
(1) 'Eligible student' means a student who is a Georgia resident enrolled in a Georgia secondary or primary public school or eligible to enroll in a qualified kindergarten program or pre-kindergarten program. (2) 'Qualified school or program' means a nonpublic primary school or secondary school that:
(A) Is accredited or in the process ofbecoming accredited by one or more entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519; and (B) Is located in this state, adheres to the provisions of the federal Civil Rights Act of 1964, and satisfies the requirements prescribed by law for private schoo Is in this state. (3) 'Student scholarship organization' means a charitable organization in this state that: (A) Is exempt from federal income taxation under Section 50l(c)(3) of the Internal Revenue Code and allocates 90 percent of its annual revenue for scholarships or tuition grants to allow students to attend any qualified school of their parents' choice; and (B) Provides educational scholarships or tuition grants to eligible students without limiting availability to only students of one school.

20-2A-2. Each student scholarship organization:
(1) Must obligate 90 percent of its annual revenue for scholarships or tuition grants; however, up to 25 percent of this amount may be carried forward for the next fiscal year; (2) Must maintain separate accounts for scholarship funds and operating funds; (3) May transfer funds to another student scholarship organization; (4) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion ofthe student scholarship organization's fiscal year and provide such audit to the Department of Revenue in accordance with Code Section 20-2A-3; and (5) Must annually submit notice to the Department of Education in accordance with department guidelines of its participation as a student scholarship organization under this chapter.

20-2A-3. (a) Each student scholarship organization must report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following:
(1) The total number and dollar value of contributions and tax credits approved; and (2) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit.

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Such report shall also include a copy of the audit conducted pursuant to paragraph (4) of Code Section 20-2A-2. (b) The Department of Revenue shall not require any other information from student scholarship organizations, except as expressly authorized in this chapter.

20-2A-4. The Department of Revenue shall provide a list of all student scholarship organizations receiving contributions from businesses and individuals granted a tax credit under Code Section 48-7-29.13 to the General Assembly by January 30 of each year.

20-2A-5. The parent or guardian to whom a scholarship award is granted must restrictively endorse the scholarship award to the private school for deposit into the account of the private school. The parent or guardian may not designate any entity or individual associated with the participating private school as the parent's attorney in fact to endorse a scholarship warrant. A participant who fails to comply with this Code section forfeits the scholarship.

20-2A-6. The Department of Education shall maintain on its website a current list of all student scholarship organizations which have provided notice pursuant to paragraph (5) of Code Section 20-2A-2.'

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
'48-7-29.13. (a) As used in this Code section, the term:
(I) 'Qualified education expense' means the expenditure of funds by the taxpayer during the tax year for which a credit under this Code section is claimed and allowed to a student scholarship organization operating pursuant to Chapter 2A of Title 20 which are used for tuition and fees for a qualified school or program. (2) 'Qualified school or program' shall have the same meaning as in paragraph (2) of Code Section 20-2A-1. (3) 'Student scholr.rship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-l. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows: (I) In the case of a single individual or a head of household, the actual amount expended or $1,000.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, the actual amount expended or $2,500.00 per tax year, whichever is less.

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(c) A corporation shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in an amount not to exceed the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education expense for the direct benefit of any dependent of the taxpayer. (e) 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 be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability.
(f)(l) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 million per tax year. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer shall notify the department of the total amount of contributions that the taxpayer intends to make to the student scholarship organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the student scholarship organization within 30 days after receiving notice from the department that the requested amount was preapproved. Ifthe taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. (g) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (h)(l) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 50l(c)(3) of the Internal Revenue Code. (2) The amount of any scholarship received by an eligible student or eligible pre-kindergarten student shall be excluded from taxable net income for Georgia income tax purposes.

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(i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section.'

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008.

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

Approved May 14, 2008.

PROFESSIONS- MULTIPLE REVISIONS TO VARIOUS BOARDS AND LICENSES.
No. 775 (House Bill No. 1055).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for revisions relating to various professional and business licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency when there is reciprocity; to provide for certain permissions to use certain titles relating to certified public accountants; to amend certain requirements relating to applications for certification as a registered interior designer; to revise a definition relevant to athletic trainers without expanding the scope of practice beyond the determination of an advising and consenting physician; to revise provisions relating to the inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to revise provisions relating to regulation of private immigration assistance services; to provide for definitions; to provide for certain powers for licensed immigration assistance providers; to provide for penalties for violating provisions regarding licensure ofimmigration assistance providers; to provide for certain application procedures; to provide for the authority to investigate potential violations and for investigators to conduct such

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investigations; to provide for the authority to perform certain adverse actions regarding immigration assistance licenses; to provide for certain procedures regarding such adverse actions; to provide for certain notice requirements; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for the establishment of the renewal period for expired licenses for veterinarians and veterinary technicians by the division director; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (b) of Code Section 43-1-3, relating to duties of division director and serving notice or process on boards through the division director, as follows:
'(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director."

SECTION 2. Said title is further amended by revising Code Section 43-3-2, relating to definitions, as follows:
43-3-2. As used in this chapter, the term:
(1) 'Attest' means providing the following financial statement services: (A) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); (B) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); provided, however, that nothing in this definition shall alter the rights of unlicensed accountants contained in Code Section 43-3-36; (C) Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); and (D) Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board.
The standards specified in this paragraph shall be adopted by reference by the board pursuant to rule making and shall be those developed for general application by

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recognized national accountancy organizations, such as the American Institute for Certified Public Accountants and the Public Company Accounting Oversight Board. (2) 'Board' means the State Board of Accountancy. (3) 'Compilation' means providing a service to be performed in accordance with the Statements on Standards for Accounting and Review Services that presents information in the form of financial statements that are the representation of management or owners without undertaking to express any assurance as to the statements. (4) 'CPA' means certified public accountant. (5) 'Firm' means any person, proprietorship, partnership, corporation, association, or any other legal entity which practices public accountancy. (6) 'Home office' means the location identified by the client as the address to which a service described in paragraph (4) of subsection (b) of Code Section 43-3-24 is directed. (7) 'Live permit' means a permit issued under Code Section 43-3-24 which is in full force and effect. (8) 'Practice of public accountancy' or 'practicing public accountancy' means offering to perform or performing for a client one or more types of services involving the use of accounting or auditing skills, one or more types of management advisory or consulting services, or the preparation oftax returns or the furnishing of advice on tax matters while holding oneself out in such manner as to state or imply that one is a licensee. (9) 'Principal place of business' means the office location designated by the licensee for purposes of substantial-~uivalency'and reciprocity. (10) 'State' means the District of Columbia and any state other than this state and any territory or insular possession of the United States:

SECTION 3. Said title is further amended by revising subparagraph (a)(3)(B) of Code Section 43-3-6, relating to requirements for certificate of "certified public accountant" and disclosure of commissions for sale of insurance or financial products, as follows:
'(B) One year of continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of such year ofexperience in public accounting, evidence satisfactory to it ofone year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July I, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and'

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SECTION 4. Said title is further amended by revising Code Section 43-3-21, relating to registration requirements for firms of certified public accountants, in its entirety as follows:
'43-3-21. (a) The board shall grant or renew the registration of a firm practicing public accountancy to firms that meet the following requirements:
(1) Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of some state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose principal place ofbusiness is in this state and who perform accounting services in this state must hold a live permit from this state. An individual who has practice privileges under subsection (b) of Code Section 43-3-24 who performs services for which a firm registration is required under paragraph (4) of subsection (b) of Code Section 43-3-24 shall not be required to obtain a certificate or live permit under this chapter; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm in the state of the firm s principal place of business; (3) The firm shall comply with all regulations pertaining to firms registered with the board; (4) The resident manager of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing; (5) Any firms that include nonlicensee owners shall comply with the following rules:
(A) The firm shall designate the holder of a live permit, or in the case of a firm which must register pursuant to subparagraph (b)(l)(C) of this Code section, a licensee of another state who meets the requirements set forth in subsection (b) of Code Section 43-3-24, who shall be responsible for the proper registration of the firm and shall identify that individual to the board; (B) All nonlicensee owners shall be active individual participants in the firm or affiliated entities; and (C) The firm shall comply with such other requirements as the board may impose by rule or regulation; (6) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and (7) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who signs or authorizes someone to sign the accountants report on the financial statements on behalf of the firm shall meet the competency requirements of subparagraph (6) of this subsection.

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(b)( 1) The following firms must register under this Code section: (A) Any firm with an office in this state practicing public accountancy; (B) Any firm with an office in this state that uses the title 'CPA' or 'CPA firm'; and (C) Any firm that does not have an office in this state but performs any service described in subparagraph (A), (C), or (D) of paragraph (I) of Code Section 43-3-2 for a client having its home office in this state.
(2) A firm that does not have an office in this state may perform services described in subparagraph (B) of paragraph (1) or paragraph (3) of Code Section 43-3-2 for a client having its home office in this state, may practice public accountancy as authorized under this Code section, and may use the title 'CPA' or 'CPA firm' without registering as provided in this Code section only if:
(A) It meets the qualifications described in paragraph (I) of subsection (a) ofthis Code section and it complies with the board's rules and regulations regarding peer review; and (B) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24. (3) A firm that does not have an office in this state and that is not subject to the requirements of subparagraph (C) of paragraph (1) of this subsection or paragraph (2) of this subsection may perform other professional services included in the practice ofpublic accountancy while using the title 'CPA' or 'CPA firm' in this state without registering under this Code section only if: (A) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24; and (B) It can lawfully perform such services in the state where said individuals with practice privileges have their principal place of business. (c) Each firm required to register under paragraph (1) of subsection (b) of this Code section shall be registered biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall register with the board within 60 days. Such a firm must show that all attest and compilation services rendered in this state are under the supervision of a person holding a live permit issued by this state or a person with practice privileges under subsection (b) of Code Section 43-3-24. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration and the information which must be provided regarding the firm and its practice. (d) A registered firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager who may be a partner, principal, shareholder, member, or a staff employee holding a live permit. (e) Neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall be considered to be a

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contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of said Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests.'

SECTION 5. Said title is further amended by revising Code Section 43-3-24, relating to issuance permits to practice public accountancy and issuance oftemporary permits to nonresidents, as follows:
'43-3-24. (a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12 or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. (b) Individuals may practice based on a substantial equivalency practice privilege as follows:
(l) An individual whose principal place of business is outside this state shall be presumed to have qualifications substantially equivalent to this states requirements, shall have all the privileges of live permit holders of this state, and may practice public accountancy in this state without the requirement to obtain a live permit, certificate, or registration under this chapter or to otherwise notify or register with the board or pay any fee if the individual:
(A) Holds a valid license as a certified public accountant from any state which requires, as a condition of licensure, that an individual:
(i) Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieves a passing grade on the Uniform Certified Public Accountant Examination; and (iii) Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was verified by a licensee; or (B) Holds a valid license as a certified public accountant from any state which does not meet the requirements of subparagraph (A) of this paragraph but such individual's certified public accountant qualifications are substantially equivalent to those requirements. Any individual who passed the Uniform Certified Public Accountant Examination and holds a valid license issued by any other state prior to

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January I, 2012, may be exempt from the education requirement in division (I)(A)(i) of this subsection for purposes of this subparagraph; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted practice privileges in this state and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection; (3) An individual licensee of another state exercising the privilege afforded under this subsection, and the firm that employs that individual, shall simultaneously consent, as a condition of exercising this privilege: (A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the board's rules and regulations; (C) That in the event the license from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in this state individually and on behalf of a firm; and (D) To the appointment of the state board that issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by this state's board against the individual; (4) An individual who qualifies for the practice privilege under this Code section who, for any entity with its home office in this state, performs any service under subparagraph (A), (C), or (D) of paragraph (I) of Code Section 43-3-2 may do so only through a firm that has registered with the board under Code Section 43-3-21; and (5) An individual qualifying for the practice privilege under paragraph (I) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with paragraph (I) of subsection (c) of Code Section 24-9-67 .I for purposes of such services. (c) Subsection (b) of this Code section shall not be applied or construed to permit an individual to engage in the practice of public accountancy in this state based on a substantial equivalency privilege unless such individual holds a valid license as a certified public accountant in a state which grants similar reciprocity to license holders in this state.'

SECTION 6. Said title is further amended by revising subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permits, as follows:
'(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit, or may forbid an individual from exercising the substantial equivalency practice privilege, for any cause which the

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board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:
(I) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this chapter, or in obtaining a live permit; (3) Violation of any of the provisions of Code Section 43-3-35 or any other Code section of this chapter; (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of any state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (8) Suspension or revocation of the right to practice before any state or federal agency; (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's firm to register or renew its registration under Code Sections 43-3-21 and 43-3-23 or the failure of such firm to comply with any of the provisions of Code Section 43-3-23 .'

SECTION 7. Said title is further amended by revising subsection (c) of Code Section 43-3-30, relating to adjudicative hearings before the board, as follows:
'(c) Before the board shall revoke or suspend a permit, certificate, registration, or practice privilege, it shall provide for a hearing for the holder of such permit, certificate, registration, or practice privilege in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50.'

SECTION 8. Said title is further amended by revising Code Section 43-3-31, relating to reinstatement of certification or registration and modification of suspension of permit, as follows:

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H 43-3-31. Upon written application after a hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may recertificate a certified public accountant or reregister a foreign accountant whose certification or registration has been revoked or may reissue or modify the suspension of a live permit or practice privilege which has been revoked or suspended.'

SECTION 9. Said title is further amended by revising Code Section 43-3-34, relating to holding oneself to be a licensed certified public accountant or public accountant and single prohibited acts as grounds for injunction or conviction, as follows:
H 43-3-34. The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a persons name in conjunction with the words 'certified public accountant' or any abbreviation thereof, or 'public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under Code Section 43-3-33 or 43-3-38 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device and that such person is holding himself or herself out to be a certified public accountant or a public accountant holding a live permit or otherwise claims to be qualified to use such title by virtue of the substantial equivalency practice privilege under subsection (b) of Code Section 43-3-24 or of the firm practice provisions of subsection (b) of Code Section 43-3-21. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

SECTION 10. Said title is further amended by revising Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by adding two new subsections to read as follows:
'(h) It shall not be a violation of this Code section or chapter for an individual who does not hold a live permit under this chapter but who qualifies for the substantial equivalency practice privilege under subsection (b) of Code Section 43-3-24 to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the person is a certified public accountant, and such individual may provide professional services in this state with the same privileges as a live permit holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section 43-3-24. (i) It shall not be a violation of this Code section or chapter for a firm that has not registered with the board or obtained a live permit under this chapter and that does not have an office in this state to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the firm is composed of certified public accountants, and such

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firm may provide professional services in this state with the same privileges as a registered firm with a live permit so long as it complies with subsection (b) of Code Section 43-3-21.'

SECTION 11. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-32, relating to applications for certificates of registration, requirements, term of certificates, and renewal relative to registered interior designers, as follows:
'(5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board.'

SECTION 12. Said title is further amended by revising Code Section 43-5-1, relating to definitions relevant to athletic trainers, as follows:
, 43-5-1. (I) 'Athletic injury' means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreational activities, or any activities requiring physical strength, agility, flexibility, range ofmotion, speed, or stamina without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section. (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers. (3) 'Board' means the Georgia Board of Athletic Trainers.'

SECTION 13. Said title is further amended by revising Code Section 43-6-18. I, relating to inspector at auctions, as follows:

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R 43-6-18,1. The commission shall have an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations.'

SECTION 14. Said title is further amended by revising Code Section 43-19-7, relating to service of appeals, documents, and legal process on division director relative to geologists, as follows:
'43-19-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office.'

SECTION 15. Said title is further amended by revising Chapter 20A, relating to regulation of private immigration assistance services, in its entirety as follows:

'CHAPTER 20A

43-20A-1. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.'

43-20A-2. As used in this chapter, the term:
(I) 'Advertise' or 'advertising' means any communication, written or otherwise, produced or caused to be produced by a person licensed pursuant to this chapter promoting the goods or services regulated by this chapter. (2) 'Alien' means any person not a citizen of the United States. (3) 'Application' means any forms, documents, and information required pursuant to this chapter that applicants are required to file with the Secretary of State. (4) 'Client' shall mean any person seeking immigration assistance. (5) 'Compensation' means money, property, services, promise of payment, or any other consideration or anything of value. (6) 'Immigrant' means every alien with the exception of an alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 110 l(a)(15). (7) 'Immigration assistance' means any service provided to clients for compensation related to immigration matters, but shall not include legal advice, recommending a

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specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or the interpretation of the Jaw. (8) 'Immigration assistance provider' means any person who is licensed to provide immigration assistance pursuant to this chapter. (9) '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 Jaw, 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. (10) 'Nonimmigrant' means any alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section JIOI(a)(l5). (11) 'Order' means, but is not limited to, an administrative order issued under the provisions of this chapter or a similar order issued by a court of competent jurisdiction, any federal, foreign, or state agency, or a self-regulatory organization that makes a finding that the provisions of this chapter have been violated and sanctions administered. (12) 'Person' means any individual, partnership, corporation, association, or private organization of any character, but not a governmental entity of any kind.

43-20A-3. 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 exempted by this chapter. This chapter shall be administered and enforced by the Secretary of State. The Secretary of State may delegate such of his or her powers or duties under this chapter as he or she desires to a division director in his or her office. With respect to the enforcement of this chapter, the Secretary of State shall retain all powers and duties and may perform all functions of the licensing boards as provided in Chapter I of this title.

43-20A-4. (a) A person shall not provide immigration assistance in this state without holding a license issued pursuant to this chapter as an immigration assistance provider. (b) Any person desiring to be licensed as an immigration assistance provider shall file an application for such license with the Secretary of State. All original and subsequent applications filed with the Secretary of State shall be upon such form and in such detail as the Secretary of State shall prescribe, setting forth the following:
(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;

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(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the Secretary of State shall require. (c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the Secretary of State, shall be confidential. The Secretary of State shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term oflicense; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee as the Secretary of State may determine by rule. (d) No person shall be granted a license as an immigration assistance provider unless such person: (I) Is 18 years of age or older; (2) Is a United States citizen or holds a valid legal immigration status pursuant to federal law; (3) Provides a criminal background report and, within the five-year period preceding the date of the application, has no criminal convictions, other than traffic violations; (4) Completes and submits an application; (5) Provides proof of a $5,000.00 performance bond issued in a form acceptable to the Secretary of State by a bonding company licensed to conduct bonding business in the State of Georgia; and (6) If an applicant intends to provide services which shall require him or her to control the legal funds of a client seeking immigration assistance, provides a financial statement for the current fiscal year. (e) The Secretary of State shall establish an appropriate procedure for the acceptance and review of applications submitted pursuant to subsection (b) of this Code section. (f) All immigration assistance providers holding licenses in good standing shall be eligible for the renewal of such license pursuant to procedures established by the Secretary of State. In the event a licensee fails to renew his or her license, such license shall be automatically revoked.

43-20A-5. (a) An immigration assistance provider licensee may perform the following services as immigration assistance:
(I) Completing a government agency form on behalf of the client and appropriate to the client's needs; (2) Transcribing responses to a government agency form which is related to an immigration matter; provided, however, that advice shall not be offered to a client as to his or her answers on such forms;

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(3) Translating information on forms to a client and translating the client's answers to questions posed on such forms; (4) Securing for the client supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Notarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (6) Preparing or arranging for the preparation of photographs and fingerprints; (7) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; and (8) Performing such other services that the Secretary of State determines by rule may be appropriately performed by such licensees in light of the purposes of this chapter. (b) A contract to provide any service in conjunction with immigration assistance shall clearly state the obligations ofthe immigration assistance provider and the client who is to receive such service.

43-20A-6. (a) The following persons are exempt from this chapter:
(I) 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 or independently contracted by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance 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 such organizations accredited under 8 C.F.R. 292.2(d); and (4) Any person employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide nonlegal advice in conjunction with immigration assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such nonlegal advice in conjunction with immigration assistance is provided. (b) Any person who provides or offers immigration assistance and is not exempted pursuant to this Code section shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to clients. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement:

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'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (c) Every person engaged in immigration assistance that is not an attorney and that advertises immigration assistance in a language other than English shall include conspicuously in such advertisement the following notice in English and the language in which the advertisement appears: '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 shall include substantially the same message. (d) Any person who provides or offers immigration assistance that is not exempted pursuant to this Code section shall not, in any document identifying such person as an immigration assistance provider, 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. (e) A person engaged in providing immigration assistance that is not exempted pursuant this Code section as a licensed attorney shall not:
(1) Refuse to return documents supplied by, prepared on behalf of, or paid for by the client upon the request ofthe client. Such documents shall be returned upon request even if there is a fee dispute between such person and the client; (2) Represent or advertise, in conjunction with immigration assistance, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a client to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided, however, 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 and the term 'notary public' is not translated to another language; or (3) Provide materially false or misleading information in an application for licensure or renewal of a license.

43-20A-7. (a) The Secretary of State may assess civil penalties against any individual or entity that he or she finds to have violated this chapter in an amount of up to $1,000.00 per violation not to exceed $50,000.00. A civil penalty assessed pursuant to this Code section shall be in addition to any other appropriate civil or criminal penalties. (b) Any person that suffers injuries or damages as a result of the unlawful practice of immigration assistance shall have a cause of action against the person or entity that provided the unlawful immigration assistance. (c) The Secretary of State shall issue rules and regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.

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43-20A-8. (a) The Secretary of State shall maintain all documents filed with the Secretary of State pursuant to this chapter in their original form or by copy. (b) All documents filed with the Secretary of State pursuant to a subpoena, an order, or a notice to produce issued by the Secretary of State or any records or documents produced relating to an investigation pursuant to Code Section 43-20A-15 may be destroyed by order of the Secretary of State once the investigative file is closed, if a demand for return is not made by the person producing such records at the time he, she, or it produces the records. (c) Any reproduction of any original writing or record filed with, or maintained by, the Secretary of State, or other filing depository designated by the Secretary of State, shall be deemed to have been made in the regular course of business. Such reproduction shall be subject to certification. (d) All immigration assistance providers who are licensed or required to be licensed with the Secretary of State shall preserve records documenting compliance pursuant to this chapter for at least three years from the date such records were produced. Immigration assistance providers shall preserve client records that contain certain necessary information in a manner to be determined by the Secretary of State. Such records shall be subject to reasonable periodic or special inspections by the Secretary of State. An inspection may be made at any time and without prior notice. The Secretary of State may copy and remove any record the Secretary of State reasonably considers necessary or appropriate to conduct the inspection.

43-20A-9. (a) Any immigration assistance provider shall report in writing immediately to the Secretary of State if:
(I) He or she has been made or is the subject of any disciplinary, administrative, civil, or criminal action; and (2) He or she has been served in any civil complaint or arbitration filed alleging fraud or any violation of any local, state, or federal law. (b) The immigration assistance provider shall provide to the Secretary of State a copy of any notice, order, pleading, indictment, accusation, or similar legal document relating to an action subject to subsection (a) of this Code section that he or she has in his or her possession.

43-20A-10. The Secretary of State shall be authorized to charge a license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the Secretary of State shall approximate the total of the direct and indirect costs to the state ofthe operations involved in the issuance ofa license. Fees may be refunded for good cause, as determined by the Secretary of State.

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43-20A-ll. Should material events or developments occur after a person has been granted a license pursuant to this chapter, such person shall amend the license application submitted pursuant to Code Section 43-20A-4 by adding statements of fact that developed, or became known, after the effective date of such application and by deleting statements of fact that, because of such developments, may be misleading. Such additions and deletions shall be filed with the Secretary of State not more than 30 days after their occurrence.

43-20A-12. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license issued pursuant to this chapter expires while such service member is serving on active duty outside the state shall be permitted to practice as an immigration assistance provider in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing as an immigration assistance provider with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. Such service member shall present to the Secretary of State either a copy of the official military orders or a written verification signed by the service member's commanding officer in order for the Secretary of State to waive any charges.

43-20A-13. For the purposes of investigating violations of this chapter, the Secretary of State shall be authorized to employ investigators pursuant to Code Section 43-1-5.

43-20A-14. Notwithstanding the provisions of Code Section 43-1-19, the Secretary of State shall be authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure. Nothing in this chapter shall be construed to prohibit or limit the authority of the Secretary of State to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure.

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43-20A-15. (a) The Secretary of State shall be authorized to issue a formal order of investigation. Such order shall commence an investigation to determine whether any person is in violation of this chapter or to aid in the enforcement of this chapter. (b) The Secretary of State shall be authorized to take any administrative action authorized by law to enforce the provisions of this chapter. The Secretary of State shall be authorized to transmit a civil or criminal referral investigative report and evidence of violations of this chapter to any prosecuting attorney or to the Attorney General, who may, at his or her individual discretion, institute any necessary civil or criminal proceedings. (c) Notwithstanding any other provision of this chapter, an emergency order pursuant to this Code section shall be effective on the date of issuance, provided that:
(1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the emergency order, in which case the order may be effective immediately pending proceedings, which shall be promptly instituted; or (2) The order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type. (d) Upon issuance of the notice and proposed order, pursuant to this Code section, the Secretary of State shall promptly serve each person subject to the order with a copy of the notice and proposed order. The order shall include a statement of any administrative sanctions that the Secretary of State will seek, a statement of the reasons for the order, and notice that, upon the request by any respondent named in the emergency order, a hearing will be promptly scheduled pursuant to the provisions of Code Sections 50-13-18 and 50-13-41. Hearings shall be conducted by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. If a person subject to the order does not request from the Office of State Administrative Hearings a hearing within 30 days after the date of service of the notice and proposed order, the order shall become final as to that person by operation of law. If any person subject to the emergency order requests a hearing, or is ordered by the Secretary of State, after notice and opportunity for hearing has been served upon each person subject to the emergency order, the Secretary of State may modify, vacate, or extend the emergency order any time prior to a final determination.

43-20A-16. (a) The Secretary of State shall order the discipline, denial, suspension, or revocation of license issued pursuant to this chapter, if the Secretary of State finds that the order is in the public interest and that such person:
(1) Has filed an application for licensure with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, contained a statement that was, in light of the circumstances under which it was made, false with respect to a material fact in the application; (2) Has violated or failed to comply with any provisions of this chapter;

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(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by any government agency or administrator of another state or a court of competent jurisdiction that the person has willfully violated the law of another state, but only if the acts constituting the violation of that states law would constitute a violation of this chapter had the acts occurred in this state; (4) Has been convicted of any felony in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (5) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (5) Within the last ten years has been convicted of a felony or misdemeanor involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States, the record of conviction being conclusive evidence of conviction, which the Secretary of State finds:
(A) Involves the taking of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of immigration assistance; or (C) Involves the theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (6) Is the subject of an order of the Secretary of State that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (7) Is the subject of any of the following orders which are effective at the time of the Secretary of State's order and were issued within five years before the Secretary of State s order: (A) An order by an agency or administrator of another state, a foreign country, or the federal government, entered after notice and opportunity for hearing, that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (B) A United States Postal Service fraud order; or (C) A cease and desist order entered after notice and opportunity for hearing by the Secretary of State or other state or federal authority; (8) Is determined by the Secretary of State not to be qualified pursuant to this chapter; (9) Violated or conspired to violate this chapter; (l 0) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity; (11) Has failed to cure any application deficiency within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order pursuant to this paragraph when the deficiency is corrected, unless the applicant has abandoned the application;

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(12) Has failed to comply with an order for child support as defined by Code Section 19-11-9.3. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-ll-9.3, where applicable, shall be the only such procedures required under this subsection; or (13) Has been found by the Secretary of State pursuant to notice by the Georgia Higher Education Assistance Corporation that the applicant for or holder of such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this subsection. (b) Prior to issuing an order pursuant to subsection (a) of this Code section, the Secretary of State shall consider: (I) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; (3) The degree of harm imposed upon others; and (4) Any other relevant conduct of the applicant. (c) If the Secretary of State determines that a licensee is no longer in existence or acting as an immigration assistance provider, the subject of an adjudication of incapacity, subject to the control of a trustee, conservator, or guardian, or cannot reasonably be located, the Secretary of State may issue an order that cancels or terminates the license. The Secretary of State may reinstate a canceled or terminated license, with or without hearing, and may make the license retroactive. (d) An order issued pursuant to subsection (a) of this Code section shall constitute a final order, shall be deemed to be in the public interest, and shall not be deemed to constitute findings of fact or conclusions of law related to other persons. The entry of such an order shall not be deemed to be a waiver or estoppel on the part of the Secretary of State from proceeding in individual actions against any persons who may have violated this chapter, nor shall such an order prevent the Secretary of State from bringing individual actions against any persons who have violated this chapter, if such violation was not known to the Secretary of State at the time the order was issued. (e) An order is not a proceeding or enforcement action pursuant to Chapter 13 of Title 50.

43-20A-l7. The Secretary of State shall suspend a license issued pursuant to this chapter if reported to the Secretary of State for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to a suspension, the licensee shall be entitled to notice of the Secretary of States intended action and opportunity to appear before the Secretary of State according to procedures set forth by the Secretary of State. A suspension of a license pursuant to this Code section shall not be a contested case under Chapter 13 of Title 50. A license suspended pursuant to this Code section shall not be reinstated or reissued until

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the person arranges for a written release to be issued by the reporting agency directly to the Secretary of State stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If such person has continued to meet all other requirements for licensure during the period of suspension, reinstatement ofthe license shall be automatic upon receipt ofthe notice and payment of any reinstatement fee which the Secretary of State may impose.

43-20A-18. (a) The Secretary of State may issue a cease and desist order prohibiting a person from violating the provisions of this chapter by engaging in the practice of immigration assistance without a license issued pursuant to this chapter. Such cease and desist order shall become effective immediately upon signature of the Secretary of State and proper notice pursuant to this chapter. (b) The violation of any order issued pursuant to subsection (a) of this Code section shall subject such person violating the order to further proceedings before the Secretary of State, and the Secretary of State shall be authorized to impose a civil penalty not to exceed $500.00 for each transaction constituting a violation thereof. Such civil penalty shall be in addition to any other fines and penalties subject to committing a violation pursuant to this subsection. Each day that a person practices in violation of this subsection shall constitute a separate violation. (c) Nothing in this Code section shall be construed to prohibit the Secretary of State from bringing remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

43-20A-19. (a) Where the Secretary of State has issued any order to discipline, deny, suspend, or revoke a license of an applicant or person licensed pursuant to this chapter, he or she shall promptly send to the respondent to such order a notice of opportunity for hearing. Before entering an order refusing to issue a license pursuant to this chapter to any person and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person a notice of opportunity for hearing. (b) Notices of opportunity for hearing shall be served personally by investigators appointed by the Secretary of State, sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on the licensee's application, or directed for service to the sheriff of the county where such person resides or is found; and such notice shall state:
(I) The order which has issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; (3) A statement of the right of any party to subpoena witnesses and documentary evidence through the Secretary of State;

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(4) That the person to whom such notice is sent will be afforded a hearing in accordance with the Code Sections 50-13-18 and 50-13-41; and (5) Contested cases shall be heard by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. (c) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings and conclusions of laws with respect to the matters involved.

43-20A-20. Any individual licensed pursuant to this chapter who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction.

43-20A-21. Any person who violates any provision ofthis 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.'

SECTION 16. Said title is further amended by revising Code Section 43-24A-12, relating to license by reciprocity relative to massage therapists, as follows:
'43-24A-12. Reserved.'

SECTION 17. Said title is further amended by revising paragraph (4) of Code Section 43-24A-l3, relating to license by endorsement relative to massage therapists, as follows:
'(4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter.'

SECTION 18. Said title is further amended by revising paragraph (2) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows:
'(2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and'

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SECTION 19. Said title is further amended by revising Code Section 43-33-15, relating to reciprocity relative to licenses of physical therapists, as follows:
"43-33-15. The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 43-33-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this chapter to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may required additional education or training.u

SECTION 20. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows:
"(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the applicable fees. After the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board.u

SECTION 21. Sections 2 through 10 of this Act shall become effective on July I, 2009. The remaining sections of this Act shall become effective on July 1, 2008.

SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2008.

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PROPERTY- CONDOMINIUMS; PROPERTY OWNERS' ASSOCIATION; COVENANTS; ATTORNEY'S FEES.

No. 776 (House Bill No. 422).

AN ACT

To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide a minimum amount for liens in the "Georgia Condominium Act" and the "Georgia Property Owners' Association Act"; to provide for the recovery of attorney's fees in actions involving covenants running with the land; 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 revising subsection (c) of Code Section 44-3-109, relating to liens for assessments and foreclosures under the "Georgia Condominium Act," as follows:
'(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment .first became due and payable.'

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SECTION 2. Said title is further amended by revising subsection (c) of Code Section 44-3-232, relating to liens for assessments and foreclosures under the "Georgia Property Owners Association Act," as follows:
'(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be ofno further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable.'

SECTION 2A. Said title is further amended by revising Article 3 of Chapter 5, relating to covenants and warranties, by adding a new subsection to Code Section 44-5-60, relating to covenants running with the land, effect of zoning laws, covenants and scenic easements for use of the public, and renewal of certain covenants, to read as follows:
(e) To the extent provided in the covenants, the obligation for the payment of assessments and fees arising from covenants shall include the costs of collection, including reasonable attorney's fees actually incurred.'

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

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION
MOTOR VEHICLES- PENAL INSTITUTIONS DRIVING WITHOUT LICENSE; NUMEROUS REVISIONS.

1137

No. 778 (Senate Bill No. 350).

AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers" licenses, so as to change certain provisions relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses; to require the Department of Driver Services to maintain records of convictions for driving without a license; to provide that courts with jurisdiction over traffic offenses shall report convictions of driving without a license to the Department of Driver Services; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being licensed; to amend Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, so as to provide for determination ofnationality ofperson convicted ofdriving without being licensed; 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 ofTitle 40 ofthe Official Code of Georgia Annotated, relating to drivers'licenses, is amended by revising paragraph (3) of subsection (a) of Code Section 40-5-2, relating to keeping of records of applications for drivers licenses and information on licensees, to read as follows:
'(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available

1138

GENERAL ACTS AND RESOLUTIONS, VOL. I

for the consideration of the department upon any application for, or application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.'

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 40-5-20, relating to driver's license requirement, surrender of prior licenses, and prohibition of local licenses, as follows:
'(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any violation of this subsection, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 if such person produces in court a license issued to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license.

SECTION 3. Said chapter is further amended by revising Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"40-5-121. (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere 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 or a plea of nolo contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1 ,000.00; provided, however, that atthe time ofthe hearing such person shall not be guilty of such offense if he or she presents the court with proof of a valid driver's license issued by this state. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender. For the second and third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to

GEORGIA LAWS 2008 SESSION

1139

the date ofthe current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00. (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. (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section. (d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.'

SECTION 4. Code Section 42-4-14 of the Official Code of Georgia Annotated, relating to determination of nationality of person charged with felony or driving under the influence and confined in a jail facility, is amended by revising subsection (a) as follows:
'(a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 or convicted of driving without being licensed in violation of subsection (a) of Code Section 40-5-20 is confined, for any period, in the jail ofthe county,

1140

GENERAL ACTS AND RESOLUTIONS, VOL. I

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.'

SECTION 5. This Act shall become effective on July I, 2008.

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

Approved May 14, 2008.

DEDICATE ROBERTS. "BOB" BONEY STATE PRISON.
No. 779 (House Resolution No. 1427).
A RESOLUTION
Honoring the life of RobertS. "Bob" Boney and dedicating the RobertS. "Bob" Boney State Prison in his memory; and for other purposes.
WHEREAS, RobertS. "Bob" Boney served as Mayor ofthe City ofLeesburg in Lee County, Georgia, for 17 years; and
WHEREAS, Mayor Boney served as a leader of the City of Leesburg in an exemplary manner with total and complete devotion to the City of Leesburg and its citizens; and
WHEREAS, he prepared to serve as Mayor ofLeesburg as a businessman, as a Marine Corps veteran of World War II, as a revenue agent for the State of Georgia for ten years, and as warden of Lee County Correctional Institute, now Lee State Prison, for 20 years; and
WHEREAS, Mayor Boney has also served the Leesburg Shrine Club, the Peace Officers Association of Georgia, and many other civic, public, and governmental organizations, not only in Lee County, but throughout the state, as he sought to give back to his community a portion of that which had been given to him; and
WHEREAS, he was also a family man, being a devoted husband, father, and grandfather, and a member of the Leesburg United Methodist Church for many years; and

GEORGIA LAWS 2008 SESSION

1141

WHEREAS, he was recently honored by a proclamation of the United States House of Representatives spread upon the Congressional Record on Wednesday, September 5, 2007, said proclamation having been sponsored by Representative Sanford Bishop of the Second Congressional District; and

WHEREAS, Mayor Boney was a dedicated public servant striving daily for the betterment of Leesburg, Lee County, and its citizens to the extent that even illnesses could not deter him from continuing his labor of love for the people he represented as mayor; and

WHEREAS, it is only fitting and appropriate to honor Mayor Boney for his lifetime of service and dedication to the people of Leesburg and Lee County.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body offer their sincerest condolences to the family and friends of RobertS. "Bob" Boney upon his passing.

BE IT FURTHER RESOLVED that the Department of Corrections shall dedicate the Lee State Prison as the RobertS. "Bob" Boney State Prison and that the department procure and provide for the placement of any and all signs and markings as may be determined appropriate to so dedicate the prison.

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 Robert S. "Bob" Boney and to the Department of Corrections.

Approved May 14, 2008.

CONVEYANCE OF STATE OWNED REAL PROPERTY; THOMASTON.
No. 780 (Senate Resolution No. 753).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson County, Georgia; to repeal conflicting laws; and for other purposes.

1142

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS: (1) The Georgia Department of Transportation, an agency of the State of Georgia, is the owner of a certain parcel of real property located in the City of Thomaston, Upson County, Georgia; (2) Said real property is all that tract or parcel ofland containing 4.03 acres, more or less, together with all improvements thereon, in the Southwest part of the City of Thomaston, Upson County, Georgia, bounded as follows: North by lands formerly owned by R. E. Hightower, Sr.; East by lands formerly owned by M. C. & P. N. Johnston; and South and West by lands formerly owned by the Citizens & Southern Bank of Thomaston, Georgia. This is the same tract conveyed to said City of Thomaston by deed of J. W. McDaniel recorded in Deed Book 41, page 32 in the Clerk's Office, Upson Superior Court; but a plat showing an accurate survey of said tract as here conveyed is recorded in Plat Record One at page 33 in said Clerk's Office, and is by reference herein made a part of the description of said tract; Tract "A" Commencing at a concrete marker found monumenting the Northwest comer of tract owned by the Department of Transportation; Said point being the point of beginning; thence a Bearing of N 5302'12" E and Distance of 274.74'; thence a Bearing of S 3822 '28" E and Distance of 47.15'; thence a Bearing ofS 3924'07" E and Distance of 100.07'; thence a-Beat-ing of S 3935'08" E and Distance of99.96'; thence a Bearing of S 4031 '52" E and Distance of 70.17'; thence a Bearing of S 3846'13" E and Distance of244.40'; thence a Bearing ofS 1448'37" Wand Distance of4.87'; to a curve of radius 272.84' and a central angle of750'37"; thence along the arc of the said curve of curve length 37.35'; said curve having a chord bearing and length ofN 4221 '57" Wand 37.32'; thence a Bearing ofN 3826'38" Wand Distance of 39.14'; to a curve of radius 440.74' and a central angle of 1210' 17"; thence along the arc of the said curve of curve length 93.63'; said curve having a chord bearing and length ofN 4431'47" Wand 93.45'; thence a Bearing of N 5036'55" W and Distance of 33.93'; to a curve of radius 63.66' and a central angle of 6403 '55"; thence along the arc of the said curve of curve length 71.18'; said curve having a chord bearing and length of N 8238'53" Wand 67.53'; thence a Bearing of N 4459'02" W and Distance of 60.99'; thence a Bearing of S 4928 '36" Wand Distance of 193.40'; thence a Bearing ofN 4053 '0 1" Wand Distance of267.47' back to the point of beginning. Said tract contains 1.793 acres of land. Tract "B" To reach the point of beginning, commence at a concrete marker found monumenting the Northwest comer of tract owned by the Department of Transportation; thence a Bearing ofS 4053 '01" E and Distance of267.47' to the point of beginning; thence a Bearing of N 4928'36" E and Distance of 193.40'; thence a Bearing ofS 4459'02" E and Distance of 60.99'; to a curve of radius 63.66' and a central angle of 161 0'22"; thence along the arc ofthe said curve of curve length 17.97'; said curve having a chord bearing and length ofS 5713'59" Wand 17.91'; thence a Bearing ofS 4908'48" Wand Distance of

GEORGIA LAWS 2008 SESSION

1143

180.03

1 ;

thence

a

Bearing

ofN

4053'01"

Wand

Distance

of

59.42 1

back

to

the

point

of

beginning. Said tract contains 0.264 acres of land.

Tract "C"

To reach the point of beginning, commence at a concrete marker found monumenting the

Northwest corner of tract owned by the Department of Transportation; thence a Bearing

of S 4053'01" E and Distance of 267.47'; thence a Bearing of S 4053'01" E and

Distance of59.421; thence a Bearing ofS 4051 '25" E and Distance of33.21 1 to the point

ofbeginning;

thence

a

Bearing

ofN

4908'52"

E

and

Distance

of

156.73

1 ;

to

a

curve

of

radius 59.07' and a central angle of 5606'50"; thence along the arc of the said curve of

curve length 57 .85 1; said curve having a chord bearing and length ofN 7712' 17" E and

55.56

1 ;

thence

a

Bearing

of

S

7444' 19"

E

and

Distance

of

4.23

1 ;

to

a

curve

of radius

121.91 1 and a central angle of 3555'27"; thence along the arc of the said curve of curve

length

76.43

1 ;

said

curve

having

a

chord

bearing

and

length

of S

5646 '35"

E

and

75.19

1 ;

thence

a

Bearing

of

S

3848 '52"

E

and

Distance

of

88.30

1 ;

to

a

curve

of radius

286.481

and a central angle of 1002 '30"; thence along the arc of the said curve of curve length

50.21 1;

said

curve

having

a

chord

bearing

and

length

ofS

4350'07"

E

and

50.14

1 ;

thence

a Bearing of S 1334 '07" W and Distance of 156.081; thence a Bearing ofN 4007 '27"

Wand

Distance

of

107.721;

thence

a

Bearing

of

S

4315

'32"

Wand

Distance

o

f

2

2

.

2

6

1 ;

thence a Bearing of S 4907'35" Wand Distance of 80.491; thence a Bearing of N

4051 '25" Wand Distance of 225.681 back to the point of beginning. Said tract contains

1.317 acres of land.

Tract "D"

To reach the point ofbeginning, commence at a concrete marker found monumenting the

Northwest corner of tract owned by the Department of Transportation; thence a Bearing

of S 4053 '0 1" E and a Distance of 267.471; thence a Bearing of S 4053 '0 1" E and a

Distance

of

59.42

1 ;

thence

a

Bearing

of

S

4051

'25"

E

and

a

Distance

of

33.21

1 ;

thence

a Bearing of S 4051 '25" E and a Distance of 225.681 to the point of beginning; thence

a

Bearing

ofN

4907'35"

E

and

Distance

o

f

80.49

1 ;

thence

a

Bearing

ofN

4315

'32"

E

and

Distance

of

22.26

1 ;

thence

a

Bearing

of S

4007'27"

E

and

Distance

of

107.72

1 ;

thence

a

Bearing

of S

1334'07"

W

and

Distance

of

224.36

1 ;

thence

a

Bearing

of N

924'09"

E

and

Distance

of

66.40

1 ;

to

a

curve

of

radius

83.66 1

and

a

central

angle

of

5015 '34 ";

thence

along

the

arc

of the

said

curve

of curve

length

73.39

1 ;

said

curve

having a chord bearing and length ofN 1543 '38" Wand 71.061; thence a Bearing ofN

4051 '25" Wand Distance of 129.141 back to the point of beginning. Said tract contains

0.345 acres of land.

(3) Said property is under the custody and control and was used by the Georgia

Department of Transportation as a District Office building;

(4) The above-described property was conveyed to the State Highway Board of Georgia

in May, 1932, from the City of Thomaston, Georgia, for a consideration of $5.00 and

other good and valuable consideration; and

1144

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Upson 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:

SECTION 1. That the Department ofTransportation, an agency ofthe State of Georgia, is the owner ofthe above-described City of Thomaston, Upson County, Georgia real property.

SECTION 2. That the above-described real property may be conveyed by appropriate instrument to Upson County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provision as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 3. That the Department ofTransportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 4. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Upson County, Georgia and a recorded copy shall be forwarded to the Department of Transportation.

SECTION 5. That custody of the above-described property shall remain in the Department of Transportation until the property is conveyed.

SECTION 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

1145

SOCIAL SERVICES- CHILDREN'S TRANSITION CARE CENTERS; CHILD WELFARE AGENCY BACKGROUND CHECK.

No. 781 (House Bill No. 984).

AN ACT

To amend Article I of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to amend Code Section 49-2-14.1 of the Official Code ofGeorgia Annotated, relating to background check requirements for certain facilities, 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. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by revising paragraph (4) of Code Section 49-5-3, relating to definitions, as follows:
'(4) 'Children's transition care center' means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for short-term stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver.'

SECTION 2. Said article is further amended by revising subsections (a) and (i) of Code Section 49-5-12, relating to licensing and inspection of child welfare agencies, and adding a new subsection to read as follows:
'(a) As used in this Code section, the term 'child welfare agency' means any child-caring institution, child-placing agency, children's transition care center, or maternity home.'

1146

GENERAL ACTS AND RESOLUTIONS, VOL. I

'(i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. Children's transition care centers may receive medically fragile children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care to facilitate transitions from a hospital or other facility to a home or other appropriate setting. (i.l) A children's transition care center shall serve no more than six children per residence or 16 children per campus at a time. Childrens transition care center services shall be available to all families in this state, including those whose care is paid for through the Department of Community Health or the Department ofHuman Resources or by insurance companies that cover home health care services or private duty nursing care in the home. Each children's transition care center location shall be physically separate and apart from any other facility licensed by the Department of Human Resources under this chapter and shall provide one or more of the following services: respite care, registered nursing or licensed practical nursing care, transitional care for the facilitation oftransitions to a home or other appropriate setting and reunion of families, medical day care, weekend camps, and diagnostic studies typically done in the home setting.'

SECTION 3. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to background check requirements for certain facilities, is amended by revising paragraph (4) of subsection (a) as follows:
'(4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; or (D) Child welfare agency required to be licensed under Code Section 49-5-12.'

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

Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION

1147

ENVIRONMENTAL PROTECTION DIVISION; SAVANNAH HARBOR.

No. 782 (Senate Resolution No. 1063).

A RESOLUTION

Urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; and for other purposes.

WHEREAS, the existing total maximum daily load (TMDL) for dissolved oxygen (DO) for the Savannah Harbor, adopted in 2006, sets the biochemical oxygen demand allowable inputs level at zero; and

WHEREAS, this standard is generally recognized as unattainable through any level of effort and restoration is needed; and

WHEREAS, enforcement efforts will under the current standard be directed at municipal and industrial point source discharges even though such discharges contribute to only a small percentage of the decreased dissolved oxygen levels in the harbor; and

WHEREAS, the existing standard will prohibit any new discharges or expansion of existing discharges unless offset by reduction of an existing permitted discharge and will seriously threaten the economic vitality and development of the entire Savannah River Basin; and

WHEREAS, development of a new water quality standard and TMDL for the Savannah River is necessary for the long term environmental protection of the river basin and harbor as well as the communities that are dependent on the river; and the modified Virginia Province is the correct approach for development of a new standard.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby urges the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor with appropriate recognition for environmental conditions as well as the role of the harbor in the economy of the region.

1148

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the director of the Environmental Protection Division and the members of the Board of Natural Resources.

Approved May 14, 2008.

REVENUE- SALES TAX EXEMPTION; OVERHEAD MATERIALS.
No. 783 (House Bill No. 1023).
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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional 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 ofthe Official Code ofGeorgia Annotated, relating to exemptions from state sales and use tax, is amended by revising subparagraph (C) of paragraph (58) as follows:
'(C) This paragraph shall stand repealed on January I, 2011;'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 14, 2008.

GEORGIA LAWS 2008 SESSION
REVENUE- CONSERVATION USE PROPERTY; QUALIFICATIONS; RESTRICTIVE COVENANTS; BREACH APPEAL PROCEDURES.

1149

No. 784 (House Bill No. 1081).

AN ACT

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise and change certain provisions relating to ad valorem taxation of property; to change certain provisions regarding qualifications for bona fide conservation use property; to change certain provisions regarding bona fide conservation use property which is subject to restrictive covenants; to provide for notice, procedures, and appeal rights regarding covenant breaches; to change certain provisions regarding the payment of interest in taxpayer appeals; to provide for interest; 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 ofproperty, is amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by revising the introductory language of subsection (a) preceding paragraph (1); by deleting the period at the end of paragraph (2) and inserting in its place"; and"; and by adding a new paragraph (3) to read as follows:
'(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) and paragraph (3) of this subsection, as follows:'
'(3) The governing authority of a county in which the property that otherwise meets the requirements for current use assessment is located may establish a minimum number of acres as a condition for qualifying for the current use assessment. Such minimum shall be up to 25 acres and shall apply exclusively to qualified property that is first made subject to a covenant required by subsection (d) of this Code section or is subject to the renewal of a previous covenant required by subsection (d) ofthis Code section on or after January 1, 2012.'

SECTION 2. Said chapter is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by revising paragraph (5) of subsection (b) as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use ofthe property for the specific purpose described in subparagraph (a)(l)(E) of this Code section for which bona fide conservation use qualification is sought; and'

SECTION 3. Said chapter is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by adding a new subsection to read as follows:
'(k.l) In the case of an alleged breach of the covenant, the owner shall be notified in writing by the board of tax assessors. The owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board oftax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311 .'

SECTION 4. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessments, by revising subdivision (e)(6)(D)(iii)(III) as follows:
(III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property.'

SECTION 5. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessments, by revising division (g)(4)(B)(iii) as follows:
'(iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the

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taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment oftax was due to the date the additional taxes are remitted, but in no event shall the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property.'

SECTION 6. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessment, by adding a new subsection to read as follows:
'(m) In the event a refund is owed to the taxpayer, such refund shall be paid to the taxpayer within 60 days of the last date upon which an appeal may be filed, or the date the final determination of value is established on appeal, whichever is later. Any refund paid after the sixtieth day shall accrue interest from the sixtieth day until paid with interest at the same rate as specified in Code Section 48-2-35.'

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

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

Approved May 14, 2008.

REVENUE- SALES AND USE TAX EXEMPTION; QUALIFIED FOOD BANK.
No. 785 (House Bill No. 1110).
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 for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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 48-8-3 ofthe Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (57.1) as follows:
6 (57.1)(A) From July I, 2006, until June 30,2010, sales of eligible food and beverages to a qualified food bank:

SECTION 2. This Act shall become effective on July I, 2008.

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

Approved May 14, 2008.

REVENUE- INCOME TAX CREDITS; LESS DEVELOPED AREAS.
No. 786 (House Bill No. 1273).
AN ACT
To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination ofwhat constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, is amended by revising paragraph (4) of subsection (c) and subsection (e) as follows:
'(4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise

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zone pursuant to Chapter 88 of Title 36 or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36 and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight.' '(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The average wage ofthe new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year ifthe net employment increase falls below five or two, as applicable. Any credit received for years prior to the year in which the net employment increase falls below five or two shall not be affected. The state revenue commissioner shall adjust the

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credit allowed each year for net new employment fluctuations above the minimum level of five or two.'

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 taxable years beginning on or after January 1, 2008.

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

Approved May 14, 2008.

MOTOR VEHICLES- DRIVERS' LICENSES; FOREIGN NATIONALS; NONRESIDENTS.
No. 787 (Senate Bill No. 488).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that certain foreign nationals also have in their immediate possession an international driving permit; to provide that verification of lawful presence in the United States is necessary to receive a temporary driver's license; to provide that the maximum term of a temporary license is three years; to provide for retention ofpersonal identification cards by noncitizens in certain 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. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating drivers' licenses, is amended by revising subsection (c) of Code Section 40-5-20, relating to the requirement to have a license, as follows:
'(c)(l) Except as provided in paragraph (2) of this subsection and in Code Section 40-5-32, no person shall receive a driver's license unless and until such person surrenders

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to the department all valid licenses in such person's possession issued to him or her by this or any otherjurisdiction. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid driver's license at any time. (2) Any noncitizen who is eligible for issuance of a driver's license pursuant to the requirements of this chapter may be issued a driver's license without surrendering any driver's license previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is applying for a commercial driver's license or who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center.'

SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-21, relating to exemptions from the requirements of obtaining a Georgia driver's license, as follows:
"(2) A nonresident who has in his or her immediate possession a valid driver's license issued to him or her in his or her home state or country; provided, however, that such person would otherwise satisfy all requirements to receive a Georgia driver's license and, if such nonresident driver's license is in a language other than English, the nonresident also has in his or her immediate possession a valid international driving permit which conforms to and has been issued in accordance with the provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty, international agreement, or reciprocal agreement between the United States and a foreign nation concerning driving privileges of nonresidents;"

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, as follows:
"(a) Notwithstanding any other provision ofthis title, an applicant who presents in person valid documentary evidence of:
(1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration Jaw; or

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(7) Verification of lawful presence as provided by Code Section 40-5-21.2 may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicant's authorized stay in the United States or three years, whichever occurs first.'

SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 40-5-21.2, relating to compliance with the Systematic Alien Verification for Entitlements Program, as follows:
'(b) The department shall utilize the following procedures in this subsection before issuing an identification card, license, permit, or other official document to an applicant who is a noncitizen:
(I) The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States; and (2) If the SAVE program does provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or e-mail confirmation of the legal status of the applicant from the Department of Homeland Security.'

SECTION 5. Said chapter is further amended by revising subsection (c) and adding a new subsection to Code Section 40-5-100, relating to personal identification cards, as follows:
'(c)(1) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a driver's license from also possessing an identification card issued under this article. (2) Except as provided in paragraph (3) of this subsection, each applicant for an identification card shall surrender any identification card or driver's license previously issued by any other state and any identification card previously issued by this state.
(3)(A) Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this chapter may be issued an identification card without surrendering any driver's license or identification card previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law. (B) The department shall make a notation on the driving record of any person who retains a foreign identification card or driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center. (4) Willful failure to surrender any such previous driver's license or personal identification card upon application for a new personal identification card will be

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considered an act of fraud and upon conviction be punished as provided for in Code Section 40-5-125. (d) An application for identification card renewal may be submitted by: (I) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in this Code section.'

SECTION 6. This Act shall become effective on January I, 2009.

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

Approved May 14, 2008.

ELECTIONS- DISABLED OR SENIOR ELECTORS; PREFERENTIAL TREATMENT.
No. 788 (House Bill No. 993).
AN ACT
To amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an absentee ballot in person at a registrar's office or other location; 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 I0 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections and primaries, is amended by adding a new Code section to read as follows:

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'21-2-385.1. Each elector who is 75 years of age or older or who is disabled and requires assistance in casting an absentee ballot in person at the registrar's office, absentee ballot clerk's office, or other locations as provided for in Code Section 21-2-382, shall, upon request to a designated office employee or other individual, be authorized to vote immediately at the next available voting compartment or booth without having to wait in line if such location utilizes direct recording electronic voting systems or be authorized to go to the head of any line necessary to cast a written absentee ballot. Notice of the provisions of this Code section shall be prominently displayed in the registrar's office or absentee ballot clerk's office.'

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

Approved May 14, 2008.

EDUCATION- ATHLETICS PROGRAM; DEFIBRILLATORS.
No. 789 (House Bill No. 1031 ).
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that, although rare, sudden death in teenagers does occur. The General Assembly further finds that in recent years, there have been instances of cardiac arrest in high school students participating in interscholastic athletic events and practices. In instances of cardiac arrest, time is critical, and even with quick response from emergency personnel, it may not be fast enough for successful cardiopulmonary resuscitation. The

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General Assembly finds that automated external defibrillators are inexpensive and are not difficult to operate by lay persons as well as trained emergency personnel.

SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by adding a new Code section to read as follows:
'20-2-775. (a) As used in this Code section, the term 'automated external defibrillator' means a defibrillator which:
(I) Is capable of cardiac rhythm analysis; (2) Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dysrhythmias; and (3) Is capable of continuously recording cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to use. (b) No later than July 1, 2008, each public high school in this state which has an interscholastic athletics program shall have at least one functional automated external defibrillator on site at such school at all times and easily accessible during any school related function, including athletic practices, athletic competitions, and other occasions where students and others will be present, for use during emergencies. (c) Each high school possessing and maintaining an automated external defibrillator shall: (1) Ensure that expected users of the automated external defibrillator receive American Heart Association or American Red Cross training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course; (2) Notify the appropriate emergency medical services system of the existence and location of the automated external defibrillator prior to said automated external defibrillator being placed in use; (3) Ensure that the automated external defibrillator is maintained and tested according to the manufacturer's operational guidelines; (4) Ensure that there is involvement of a licensed physician or other person authorized by the composite board in the site's automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance; and (5) Ensure that designated personnel activate the emergency medical services system as soon as reasonably possible after any person renders emergency care or treatment to a person in cardiac arrest by using an automated external defibrillator and reports any clinical use of the automated external defibrillator to the licensed physician or other person authorized by the composite board who is supervising the program. (d) Subject to appropriations by the General Assembly, the Department of Education shall provide funds to local school systems to assist in the purchase of automated external defibrillators pursuant to this Code section.

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(e) The department and local school systems shall use diligent efforts to identify private sources of funding or donation of funding and equipment to meet the requirements of this Code section.'

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

Approved May 14, 2008.

REVENUE- SALES AND USE TAX EXEMPTION; MACHINERY OR EQUIPMENT.
No. 790 (House Bill No. 237).
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 change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery or equipment, certain primary handling equipment, certain aircraft machinery or equipment, certain parts, machinery clothing, molds, dies, or tooling, and certain air or water pollution eliminating machinery and equipment; 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 48-8-3 of the Official Code ofGeorgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraphs (34), (34.1), (34.2), (34.3), and (36) as follows:
'(34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant;

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(B) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used for the first time in a new manufacturing plant located in this state; (C) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used as additional machinery or equipment for the first time in a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at the commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.l)(A) The sale of primary material handling equipment which is used for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law; (34.2)(A) The sale or use of machinery or equipment, or both, which is used in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components.

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(B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph;' '(36)(A) The sale of machinery and equipment and any repair, replacement, or component parts for such machinery and equipment which is used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax;'

SECTION 2. (a) This Act shall become effective on January I, 2009. (b) Tax, penalty, and interest liabilities and refund eligibility under paragraph (34.3) of Code Section 48-8-3 of the Official Code of Georgia Annotated, as amended by Section 1 of this Act, for any period prior to January I, 2009, shall not be affected by the passage of this Act and shall continue to be governed by the provisions of said paragraph as it existed immediately prior to January 1, 2009.

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

Approved May 14, 2008.

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REVENUE- SALES AND USE TAX EXEMPTION; CERTAIN FUELS.

No. 791 (House Bill No. 272).

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 a partial exemption for a limited period of time from state sales and use tax only with respect to the sale or use of natural or artificial gas, No.2 fuel oil, No.6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale; 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 ofthe Official Code ofGeorgia Annotated, relating to exemptions from sales and use taxes, is amended by adding a new paragraph to read as follows:
"(70.1 )(A) For the period commencing July 1, 2008, and concluding on December 31, 2010, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) ofthis paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No.2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of petroleum coke, the first $57.90 perton of coal, or the first 3.44 per kilowatt hour of the fuel cost recovery component of retail electricity rates whether such fuel recovery charges are charged separately or are embedded in such electric rates. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour.

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(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 Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) ofthis paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) Any person making a sale of items qualifying for exemption under subparagraph (A) of this paragraph shall be relieved of the burden of proving such qualification if the person receives in good faith a certificate from the purchaser certifying that the purchase is exempt under this paragraph. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale;'

SECTION 2. This Act shall become effective on July 1, 2008.

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

Approved May 14, 2008.

MOTOR VEHICLES- WATERS- FIRST DEGREE HOMICIDE BY VEHICLE OR VESSEL.
No. 793 (Senate Bill No. 529).
AN ACT
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 provide for an offense of homicide by vehicle in the first degree where a person has committed the offense of felony hit and run and the accident causes the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense ofhit and run; to change provisions relating to feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation,

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and sale of watercraft, so as to provide for an offense of homicide by vessel in the first degree where a person has operated a vessel in such a manner as to cause a collision or accident which causes the death ofa person and knowingly fails to stop and attempt to render assistance; to correct cross-references; to change certain penalties; 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 6 ofTitle 40 ofthe Official Code ofGeorgia Annotated, relating to the uniform rules of the road, is amended by revising subsection (a) of Code Section 40-6-270, relating to hit and run and the duty of a driver to stop at or return to the scene of an accident, as follows:
'(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:
(I) Give his or her name and address and the registration number ofthe vehicle he or she is driving; (2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and (4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose ofreporting the accident and making a request for assistance. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.'

SECTION 2. Said chapter is further amended by revising Code Section 40-6-393, relating to homicide by vehicle, as follows:
'40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide

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by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.'

SECTION 3. Said chapter is further amended by revising Code Section 40-6-393.1, relating to feticide by vehicle, 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)(l) 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 which would be homicide by vehicle in the first degree as provided in subsection (a), (b), or (d) 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 first degree shall be punished by imprisonment for not less than three years nor more than 15 years. (c)(l) 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 (c) 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.'

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SECTION 4. Article l of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-12.2, relating to homicide by vessel, as follows:
'52-7-12.2. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the first degree. A person convicted under this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any operator of a vessel who, without malice aforethought, causes a collision or accident which causes the death of another person and leaves the scene of the collision or accident in violation of subsection (a) of Code Section 52-7-14 commits the offense of homicide by vessel in the first degree and, upon conviction thereof, shall be punished by imprisonment for not Jess than three years nor more than 15 years. (c) Any person who causes the death of another person, without an intention to do so, by violating any provision ofthis title other than subsection (j) ofCode Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3.'

SECTION 5. Said article is further amended by revising Code Section 52-7-12.3, relating to feticide by vessel, 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)(J) A person commits the offense of feticide 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 ofsubsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, 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) or (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 first degree shall be guilty of a felony and shall be punished by imprisonment for not Jess than three years nor more than 15 years.

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(c)( 1) A person commits the offense of feticide 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 G) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, 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 (c) 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.'

SECTION 6. This Act shall become effective on July 1, 2008, and shall apply to all offenses committed on or after such date.

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

Approved May 14, 2008.

PROPERTY- UNIFORM ENVIRONMENTAL COVENANTS ACT.
No. 794 (House Bill No. 1132).
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide that a registry of environmental covenants may be established; to provide for rules, regulations, and fees; to provide for uniformity of application and construction; to provide for interaction with federal law; 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. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new chapter to read as follows:

'CHAPTER 16

44-16-1. This chapter may be known as and may be cited as the 'Uniform Environmental Covenants Act.'

44-16-2. As used in this chapter, the term:
(1) 'Activity and use limitations' means restrictions or obligations created under this chapter with respect to real property. (2) 'Agency' means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. (3) 'Common interest community' means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement ofother real property described in a recorded covenant that creates the common interest community. (4) 'Environmental covenant' means a servitude arising under an environmental response project that imposes activity and use limitations. (5) 'Environmental response project' means a plan or work performed for environmental remediation of real property and conducted:
(A) Under a federal or state program governing environmental remediation of real property; (B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (C) Under a state voluntary clean-up program. (6) 'Holder' means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3. (7) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

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44-16-3. (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit oflocal government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be considered an interest in real property. (c) An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law. (d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(I) An interest that has priority under other law shall not be affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant; (2) The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant; (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association; and (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

44-16-4. (a) An environmental covenant shall:
(I) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant and the name of the owner ofthe fee simple of the real property subject to such covenant at the time such covenant is executed; (3) Describe the activity and use limitations on the real property; (4) Identify every holder; (5) Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to such covenant; and (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

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(b) In addition to the information required by subsection (a) of this Code section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (2) Requirements for periodic reporting describing compliance with the covenant; (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) Limitation on amendment or termination of the covenant in addition to those contained in Code Sections 44-16-9 and 44-16-1 0; and (6) Rights of the holder in addition to the right to enforce the covenant pursuant to Code Section 44-16-11. (c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. (d) The agency shall not sign the environmental covenant without confirming that the people or entities listed in paragraphs (I) through (6) of subsection (a) of Code Section 44-16-7 have been served with a copy of the proposed final text of the environmental covenant at least 30 days prior to the agency signing such covenant.

44-16-5. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if:
(I) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the original holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder; (6) The benefit or burden does not touch or concern real property; (7) There is no privity of estate or contract; (8) The holder dies, ceases to exist, resigns, or is replaced; or (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was

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recorded before the effective date of this chapter shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this Code section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument. (d) This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.

44-16-6. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, by local law, or by general law.

44-16-7. (a) A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to:
(I) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession of the real property subject to the covenant; (4) Each municipality, county, consolidated government, or other unit of local government in which real property subject to the covenant is located; (5) Each owner in fee simple whose property abuts the property subject to the environmental covenant; and (6) Any other person the agency requires. (b) The validity of an environmental covenant shall not be affected by failure to provide a copy of the covenant as required under this Code section.

44-16-8. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in subsection (c) of Code Section 44-16-9, an environmental covenant shall be subject to the laws of this state governing recording and priority of interests in real property.

44-16-9. (a) An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is:

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(I) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to Code Section 44-16-10; (3) Terminated pursuant to subsection (b) of this Code section; (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or (5) Terminated or modified in an eminent domain proceeding, but only if:
(A) The agency that signed the covenant is a party to the proceeding; (B) All persons identified in subsections (a) and (b) of Code Section 44-16-10 are given notice of the pendency of the proceeding; and (C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsection (a) and (b) ofCode Section 44-16-10 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request of the current owner of the fee simple of the real property or by any affected member of the public shall be subject to review pursuant to Article I of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Except as otherwise provided in subsections (a) and (b) of this Code section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. (d) An environmental covenant may not be extinguished, limited, or impaired by application of Code Sections 44-5-60 and 44-5-168.

44-16-10. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1) The agency; (2) The current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the holder. (b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest

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consents to the amendment or has waived in a signed record the right to consent to amendments. (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be an amendment. (d) Except as otherwise provided in an environmental covenant:
( 1) A holder may not assign its interest without consent of the other parties; and (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this Code section. (e) A court of competent jurisdiction may fill a vacancy in the position of holder.

44-16-11. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
( 1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur; (5) A person whose interest in the real property or whose collateral or liability may be affected by the-alleged violation of the covenant; or (6) A municipality, county, consolidated government, or other unit oflocal government in which the real property subject to the covenant is located. (b) This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project. (c) A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant.

44-16-12. The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, ifestablished, shall be a public record for purposes of Article 4 of Chapter 18 of Title 50.

44-16-13. The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter.

44-16-14. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but shall not modify, limit, or

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supersede Section 101 of such Act (15 U.S.C. Section 700l(a)) or authorize electronic delivery of any of the notices described in Section 103 of such Act (15 U.S.C. Section 7003(b)).'

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

Approved May 14, 2008.

COURTS- JUVENILE COURTS; DEPRIVED CHILD GUARDIAN.
No. 795 (House Bill No. 1040).
AN ACT
To amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue ofjuvenile court proceedings, is amended by revising Code Section 15-11-30.1, relating to appointment of guardian and transfer of custody and child support questions from superior court, as follows:
'15-11-30.1. (a)( 1) The court is vested with jurisdiction to appoint a guardian of the person or property of any child and with jurisdiction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and properties of minors by the judge of the probate court.

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(2)(A) In addition to the jurisdiction to appoint guardians pursuant to paragraph (I) of this subsection, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child whose custody is a subject of controversy before the court as a result of an adjudication that the child is deprived in accordance with Part 6 of this article. Prior to the entry of such an order, the court shall:
(i) Find that reasonable efforts to reunify the child with his or her parent would be detrimental to the child in accordance with subsection (h) of Code Section 15-11-58 or find that the living parents or parent of the child have consented to the permanent guardianship; (ii) Find that termination of parental rights and adoption and, if the proposed guardian is not a relative of the child, that placement with a fit and willing relative, is not in the best interest of the child; (iii) Find that the proposed permanent guardian can provide a safe and permanent home for the child; (iv) Find that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interest of the child; and (v) If the child is 14 years of age or older, find that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be the childs permanent guardian taking into consideration the best interest of the child. (B) The court may enter an order of support on behalf of the child against the parents of the child in accordance with paragraph (2) of subsection (c) of Code Section 15-11-28. (C) Orders under subparagraph (A) of this paragraph shall: (i) Remain in effect until the child reaches the age of 18 or becomes emancipated; (ii) Not be subject to review by the court except as provided in subparagraph (D) of this paragraph; and (iii) Establish a reasonable visitation schedule which allows the child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation. (D) The court shall retain jurisdiction over a guardianship action under this paragraph for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and to appoint a new guardian. The superior courts shall have concurrent jurisdiction for enforcement or modification ofany child support or visitation order entered pursuant to this Code section. The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child or the guardian

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and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interest of the child. Appointment of a new guardian shall be subject to the provisions of this paragraph. (E) Notice of a guardianship petition pursuant to this paragraph shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to the individuals listed in division (vii) of subparagraph (F) of this paragraph. The hearing shall be conducted in accordance with Code Section 29-2-18, to determine the best interest of the child, and in reaching its determination the court shall consider subparagraph (A) of this paragraph. (F) The petition for the appointment of a permanent guardian pursuant to this paragraph shall set forth:
(i) A statement of the facts upon which the court's jurisdiction is based; (ii) The name and date of birth of the child; (iii) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the child, if any; (iv) A statement that:
(I) Reasonable efforts to reunify the child with his or her parent would be detrimental to the child in accordance with subsection (h) ofCode Section 15-11-58 or that the living parents or parent of the child have consented to the permanent guardianship; (II) Termination of parental rights and adoption and, ifthe proposed guardian is not a relative of the child, that placement with a fit and willing relative is not in the best interest of the child; (III) The proposed guardian can provide a safe and permanent home for the child; (IV) The appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen as the child's guardian is the individual most appropriate to be the child s permanent guardian taking into consideration the best interest of the child; and (V) If the child is 14 years of age or older, that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interest of the child; (v) A statement of whether the child was born out of wedlock and, if so, the name and address of the biological father, if known; (vi) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of the child that deals with the guardianship of the child and the name and address of any designee named in the document;

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(vii) In addition to the petitioner and the nominated guardian and, if the parents have not consented to the permanent guardianship, the names and addresses of the following relatives of the child whose whereabouts are known:
(I) The adult siblings ofthe child; provided, however, that not more than three adult siblings need to be listed; (II) Ifthere is no adult sibling of the child, the grandparents of the child; provided, however, that not more than three grandparents need to be listed; or (Ill) If there is no grandparent of the child, any three of the nearest adult relatives of the child determined according to Code Section 53-2-1 of the 'Revised Probate Code of 1998'; (viii) Whether a temporary guardian has been appointed for the child or a petition for the appointment of a temporary guardian has been filed or is being filed; and (ix) The reason for any omission in the petition for appointment of a permanent guardian for the child in the event full particulars are lacking. (G) A guardian of the person of a chi!d appointed under this paragraph shall have the rights and duties of a permanent guardian as are provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24. (b) Other courts, in handling divorce, alimony, habeas corpus, or other cases involving the custody of a child or children, may transfer the question of the determination of custody, support, or custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.'

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

Approved May 14, 2008.

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REVENUE - STATE INCOME TAX CREDIT; REHABILITATION OF HISTORIC STRUCTURES.

No. 797 (House Bill No. 851).

AN ACT

To amend Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, so as to increase the amounts of such tax credits; to provide for procedures, conditions, and limitations; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation ofhistoric structures, is amended by revising subsection (b) as follows:
(b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed:
(1) In the case of a historic home, equal to 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 25 percent of qualified rehabilitation expenditures.'

SECTION 2. Said Code section is further amended by revising subsection (c) as follows:
'(c)(1) In no event shall credits for a historic home exceed $100,000.00 in any 120 month period. (2) In no event shall credits for a certified structure exceed $300,000.00 in any 120 month period.'

SECTION 3. This Act shall become effective on January 1, 2009, and shall apply to all taxable years beginning on or after that date.

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

Approved May 14, 2008.

GEORGIA, TENNESSEE, NORTH CAROLINA BOUNDARIES; CORRECT.
No. 798 (Senate Resolution No. 822).
A RESOLUTION
Correcting the Georgia-Tennessee and Georgia-North Carolina boundaries; and for other purposes.
WHEREAS, the northern border of the State of Georgia and the southern border of the State of Tennessee and North Carolina lies at the 35th parallel, north of the southernmost bank of the Tennessee River; and
WHEREAS, a flawed survey conducted in 1818 and never accepted by the State of Georgia erroneously marks the 35th parallel south of its actual location; and
WHEREAS, over a long period of years, from time to time, the legislatures of both states have undertaken to authorize the appointment of committees and many other measures for the purposes of resolving the issues associated with the wrongly surveyed and erroneously marked border; and
WHEREAS, by an Act of the General Assembly of North Carolina, approved in 1881 (N.C. Gen. Stat. 141-1 to 6 (1964)), the General Assembly of North Carolina authorized the Governor of North Carolina to appoint commissioners and a surveyor from North Carolina to act with the commissioners and surveyors appointed or to be appointed by any ofthe states contiguous to North Carolina to resurvey and mark the boundary lines between these states; and
WHEREAS, no official record of any such commissioners and surveyors as provided for in said Act exists; and
WHEREAS, by an Act of the Tennessee General Assembly, approved October 30, 1819, which attempted to ratify the flawed 1818 survey, provided "that this act shall take effect and

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be in force so soon as the state of Georgia shall have passed a law similar in its provisions." Since Georgia has never passed such a law, Tennessee's own ratification is ineffective; and

WHEREAS, by an Act of the General Assembly of Georgia, approved October 15, 1887 (Ga. L. 1886-87, p. 105), the General Assembly of Georgia directed the Governor to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question and authorized the appointment ofa committee to meet with an assembly committee representing the State of Tennessee, whose duty it would be to survey, establish, and proclaim the true boundary line; and

WHEREAS, by an Act approved April 8, 1889 (H.B. 749), the General Assembly of the State of Tennessee made a similar legislative finding and enacted a similar authorization expressing "grave doubts" as to the location of the state line between Georgia and Tennessee; and

WHEREAS, in July of 1891, Governor William J. Northern of Georgia wrote Governor J. P. Buchanan of Tennessee enclosing a copy of Georgia's 1887 Act and drawing attention to the fact that it was in the interest of the citizens of both states that the Governors cooperate in definitively determining the boundary; and

WHEREAS, after receiving no reply, Governor Northern again wrote Governor Buchanan of Tennessee in December of 1891, to no avail; and

WHEREAS, after a third letter, to which there was no response, Governor Northern appointed three Georgia commissioners, who were not met with like commissioners, as prescribed by the 1889 Tennessee Act; and

WHEREAS, by a resolution approved December 21, 1897 ( 1897 Ga. L., p. 595), the Georgia General Assembly reiterated "great uncertainty concerning the true northern boundary ofthis State," and appointed W. A. Wimbish to make a study of all documents and reports dealing with the boundary matter; and

WHEREAS, by a resolution approved December 20, 1898 (Ga. L. 1898, p. 402), the Georgia

General Assembly approved the creation of a "joint tribunal" to consist of three judges or

commissioners each from the States of Georgia, Tennessee, and North Carolina for the

purposes of resolving the border dispute; and



WHEREAS, neither Tennessee nor North Carolina cooperated in the tribunal; and

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WHEREAS, on April 15, 1905 (S.B. 513), the Tennessee General Assembly passed legislation similar to that of 1889, again expressing "grave doubts" as to the Georgia-Tennessee boundary; and

WHEREAS, by a resolution approved August 17, 1906 (Ga. L. 1906, p. 1160), the Georgia General Assembly passed another resolution disputing the location of the line between the two states which authorized the Governor of Georgia to confer with the Governor of Tennessee; and

WHEREAS, by a resolution approved August 19, 1916 (Ga. L. 1916, 1042), the Georgia General Assembly passed a resolution calling for a resurvey of the eastern end of the Georgia-Tennessee boundary; and

WHEREAS, on August 16, 1922 (Ga. L. 1922, p. 1139), the Georgia General Assembly passed a similar resolution calling for the resurvey of the western end of the Georgia-Tennessee boundary; and

WHEREAS, by a resolution approved March 6, 1941 (Ga. L. 1941, p. 1850), the General Assembly directed the Governor ofGeorgia to communicate with the Governor ofTennessee for the purpose of having a joint survey and settlement of the disputed question and further resolved that a standing committee of the House of Representatives be created to meet with a similar committee of the State of Tennessee to establish, survey, and proclaim the true boundary line between Georgia and Tennessee; and

WHEREAS, by a resolution approved March 27, 1947 (Ga. L. 1947, p. 1728), the General Assembly appointed a commission to negotiate with the proper authorities of the State of Tennessee and to agree upon and to fix a definite boundary line, and, in the failure of the commission to reach a settlement, the General Assembly authorized and directed the Attorney General of the State of Georgia to institute suit in the federal courts for purposes of accurately determining the boundary line between Georgia and Tennessee; and

WHEREAS, by a resolution approved March 6, 1971 (Ga. L. 1971, p. 2374), the General Assembly directed the Governor of Georgia to communicate with the Governors of North Carolina and Tennessee for the purpose of having joint surveys and settlements of the disputed boundary questions and further resolved that a Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission be created to meet with similar commissions of the legislatures of the states of North Carolina and Tennessee to establish, survey, and proclaim the true boundary lines between Georgia and North Carolina and between Georgia and Tennessee, and to take such further or other action or pursue such remedy or remedies as the joint Commission of the Georgia General Assembly, by a majority vote, deems proper

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to establish the definite and true boundary lines between Georgia and North Carolina and Georgia and Tennessee; and

WHEREAS, by suggestion of the United States Court of Appeals for the D.C. Circuit, the Chairman of the Tennessee Public Service Commission and the Chairman of the Georgia Public Service Commission agreed in 1974 to reserve resolution of the general boundary issue until a later date (15 FERC, p. 61240), the resolution of which has never been reached; and

WHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and

WHEREAS, it is to the public interest and welfare that accurate and exact lines between the said states be established and proclaimed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of Georgia has the full support of the General Assembly and is hereby strongly urged to initiate negotiations with the Governors of Tennessee and North Carolina for the purpose of correcting the flawed 1818 survey erroneously marking the 35th parallel south ofits actual location and to officially recognize the State of Georgia's northern border with the States of Tennessee and North Carolina as the precise 35th parallel as was intended when both states were created. The Governor of Georgia shall have the authority to negotiate settlement of the issue for the State of Georgia which shall be binding upon the State with the approval of such agreement by the General Assembly.

BE IT FURTHER RESOLVED that should the Governor of Georgia's negotiations with the Governors of Tennessee and North Carolina fail to come to any resolution to the issue of the disputed boundary between the two states, then the Attorney General of Georgia is authorized to take the appropriate legal action to correct Georgia's northern border at the 35th paralleL Such legal action by the Attorney General of Georgia includes, but is not limited to, initiating suit in the United States Supreme Court against either or both of the States of Tennessee and North Carolina for final settlement of this boundary issue.

BE IT FURTHER RESOLVED that it is the clear and express intent of the General Assembly to correct, establish, survey, and proclaim the northern border of the State of Georgia and the southern border of the States of Tennessee and North Carolina at the true 35th paralleL

Approved May 14, 2008.

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MOTOR VEHICLES- TRAFFIC-CONTROL SIGNAL MONITORING DEVICE; REGULATION.

No. 799 (House Bill No. 77).

AN ACT

To amend Title 40 ofthe Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require a permit from the Department of Transportation for the use of a traffic-control signal monitoring device; to provide for review of permits by the department; to provide for use of a certified peace officer to swear to a traffic light violation; to provide a definition; to provide for an engineering study; to provide for changing timing of the intersection clearance interval; to provide for reports to the Department of Transportation; to provide for disposition of funds collected through use oftraffic-control signal monitoring devices; to provide for an administrative review of denied, suspended, or revoked permits; 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 by revising paragraph (3) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows:
(3) For the purpose of enforcement pursuant to this subsection: (A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience ofa CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency authorized to enforce the provisions of this Code section shall send by regular mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (i) A citation for the alleged violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce this Code section and stating that,

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based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement ofthe inference provided by subparagraph (D) ofthis paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a traffic-control signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency and stating that, based upon inspection ofrecorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (i) Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (iii) Submits to the court a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation.'

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SECTION 1.1. Said title is further amended by revising paragraph (5) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows:
(5) If a person summoned by regular mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or notarized statement pursuant to subparagraph (D) ofparagraph (3) of this subsection, the person shall then be summoned a second time by certified mail with a return receipt requested. The second summons shall include all information required in subparagraph (B) of paragraph (3) of this subsection for the initial summons and shall include a new date of return. If a person summoned by certified mail again fails to appear on the date of return set out in the second citation and has failed to pay the penalty or file an appropriate document for rebuttal, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00!

SECTION 2. Said title is further amended by revising paragraph (8) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows:
A governing authority shall not impose a civil penalty under this subsection on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation that is recorded by a traffic-control signal monitoring device!

SECTION 3. Said title is further amended by revising Code Section 40-14-20, relating to definitions for the use of traffic-control signal monitoring devices, by redesignating paragraphs (I) and (2) as paragraphs (2) and (3) and adding a new paragraph (1) as follows:
( 1) 'Governing authority' means any county, municipality, or consolidated government!

SECTION 4. Said title is further amended by revising Code Section 40-14-21, relating to the use of traffic-control signal monitoring devices, as follows:
6 40-14-21. (a) A governing authority must obtain an operating permit from the Department of Transportation prior to using any traffic-control signal monitoring device. The governing authority shall not use traffic-control signal monitoring devices unless the chief law enforcement officer of such governing authority desires the use of such devices and such use is approved by a properly adopted resolution of the governing authority. (b) The governing authority shall also conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices.

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(c) The Department of Transportation is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for traffic-control signal monitoring device permits and to prescribe the required information to be submitted by an applicant consistent with the requirements of this title. The Department of Transportation may deny an application or suspend or revoke a permit for failure of the governing authority to provide requested information or documentation or for any other violation ofthis article or violation ofthe rules and regulations ofthe department. (d) An application for the operation of a traffic-control signal monitoring device by a governing authority shall name the intersection at which the device is to be used and provide demonstrable evidence that there is a genuine safety need for the use of such device at the designated intersection. The documented safety need for each designated intersection shall be approved by the Department of Transportation in accordance with nationally recognized safety standards. For each designated intersection, the governing authority shall conduct a traffic engineering study to determine whether, in addition to or as an alternative to the traffic-control signal monitoring device, there are other possible design or operational changes likely to reduce the number of accidents or red light violations at that intersection. This report shall be submitted with the application for an operation permit required under these provisions and any request to amend the operation permit to include an additional intersection. (e) The revenue generated by the use ofa traffic-control signal monitoring device shall not be considered when determining whether to issue a permit for the operation of such devices at a designated intersection. The only consideration shall be the increased life-saving safety value by the use of such a device at the designated intersection. (f) Permits shall be issued by the Department of Transportation within three months of receiving a completed permit application from a governing authority where such governing authority is otherwise in compliance with the provisions ofthis article. An application for amendment to an existing permit and an application for a renewal permit following a suspension or revocation of a permit shall also be processed within three months of receipt of such application, provided that the application is complete and complies with the provisions of this article. A permit shall authorize use of a traffic-control signal monitoring device for only those designated intersections approved as having a documented life-saving safety need by the Department of Transportation. (g) No governing authority shall be authorized to use traffic-control signal monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (h) If a governing authority elects to use traffic-control signal monitoring devices, no portion ofany civil monetary penalty collected through the use ofsuch devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the governing authority for such devices shall be based on the value

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of such equipment and shall not be based on the number of citations issued or the revenue generated by such devices. (i) Charges for violations based on evidence obtained from a traffic-control signal monitoring device shall not be made by a law enforcement agency unless the Jaw enforcement agency employs at least one full-time certified peace officer. (j) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle. (k) A governing authority utilizing traffic-control signal monitoring devices shall at all times cooperate fully with the Department of Transportation. The department is authorized, at any time, to inspect traffic-control signal monitoring devices used by a governing authority and any records pertaining to revenues collected from the use of such devices. (I) A permit may be amended at any time by amended application submitted by a governing authority. The request to amend an application and to add a new intersection to the list of authorized intersections for the operation of a traffic-control signal monitoring device shall be considered by the department in the same manner as original permit applications. (m) A permit shall be reviewed by the Department of Transportation once every three years from the date of issuance or date of the most recent extension unless the permit has been revoked or suspended by the department. The review shall be conducted in the same manner as the original permit application. (n) The department is authorized to set reasonable application fees to compensate the department for necessary costs in issuing, amending, or reviewing a permit to operate traffic-control signal monitoring devices. (o) Any governing authority operating a traffic-control signal monitoring device on December 31, 2008, shall have until January I, 20 I0, to obtain a permit for the operation of such device as required by this Code section."

SECTION 5. Said title is further amended by revising Code Section 40-14-22, relating to timing of traffic-control signals, as follows:
'40-14-22. The timing of any traffic-control signal which is being monitored by a traffic-control signal monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50. The duration of the yellow or red light of any traffic-control device at which a traffic-control signal monitoring device is installed shall not be decreased prior to the installation of a device or during the time for which the device is operated. The Department of Transportation shall establish minimal yellow light change interval times for traffic-control devices at intersections where a traffic-control signal monitoring device is utilized. The minimal yellow light change interval time shall

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be established in accordance with nationally recognized engineering standards, and any such established time shall not be less than the recognized national standard plus one additional second. Each governing authority using a traffic-control signal monitoring device shall at its own expense test the device for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any such device not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the governing authority, nor shall any charges for violations based on evidence from such device be made by a law enforcement agency, until such device has been serviced and calibrated at the expense of the governing authority by a qualified technician.'

SECTION 6. Said title is further amended by revising Code Section 40-14-23, relating to signs to notify motorists of use of traffic-control signal monitoring devices, as follows:
'40-14-23. Each governing authority using traffic-control signal monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the governing authority. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal for such road when a traffic-control signal monitoring device is monitoring such next signal for such road and signs shall also be erected at any other location required by the Department of Transportation. Such signs shall be of a design specified by the Department of Transportation in accordance with nationally recognized standards.'

SECTION 7. Said title is further amended by revising Code Section 40-14-24, relating to reports regarding use of traffic-control signal monitoring devices, as follows:
'40-14-24. (a) Each governing authority using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Department of Transportation. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued;

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(4) The number of civil monetary penalties and total amount of such penalties paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of civil monetary penalties paid; and (7) The quality of the adjudication process and its results. (b) If any governing authority fails to provide the report provided for in subsection (a) of this Code section all revenues generated from the operation of any traffic-control signal monitoring device from the date the report was due shall be forwarded to the general fund of the state. The governing authority shall not be entitled to retain ariy revenue until the annual report is filed and accepted by the Department of Transportation. (c) The Department of Transportation shall forward copies of all reports to the offices of the Governor, Lieutenant Governor, and the Speaker ofthe House by March I ofeach year. The department shall also forward to the offices ofthe Governor, Lieutenant Governor, and the Speaker of the House a complete list of all traffic-control signal monitoring devices currently in use.'

SECTION 8. Said title is further amended by adding at the end of Article 3 of Chapter 14, relating to traffic-control signal monitoring devices, new Code sections to read as follows:
"40-14-25. (a) Complaints surrounding the use and operation of traffic-control signal monitoring devices by governing authorities, including the use by a governing authority for any purpose other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its operating permit, may be made to the commissioner of transportation. The commissioner or the commissioner's designee is authorized to conduct an investigation into the acts and practices ofthe governing authority with respect to the use of traffic-control signal monitoring devices. If, as a result of this investigation, there is evidence to substantiate a violation of this article or the rules and regulations of the Department of Transportation, the department may take any action deemed necessary to prevent further misconduct or violations, including denying an application for a permit or suspension or revocation of a permit. (b) There shall be a rebuttable presumption that a governing authority is using traffic-control signal monitoring devices for purposes other than the promotion of the public health, welfare, and safety if such devices are used by a governing authority without a valid permit issued by the Department of Transportation or in violation of any requirement of this article or the rules and regulations of the department. (c) Where a violation of this article by a governing authority or any law enforcement agency enforcing the use of traffic-control signal monitoring devices on behalf of such governing authority is substantiated, the Department of Transportation may order that revenues generated from the use of traffic-control signal monitoring devices during the

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time of such violation or misconduct shall be remitted to the state's general fund. The department's order to remit funds shall be a continuous order until the violation is corrected by the governing authority as determined by the department. Any governing authority failing to abide by such order shall be liable for interest and costs, including reasonable attorneys fees, incurred in the enforcement of the order. Jurisdiction for enforcing the department's order shall be in the Superior Court of Fulton County.

40-14-26. (a) Upon issuance by the commissioner of transportation of an order denying an application for or suspending or revoking a traffic-control signal monitoring device permit, the governing authority affected shall be afforded a hearing, to be held within 30 days of the effective date of the order. The hearing shall be held before the commissioner of the department or his or her designee, and, within 30 days following the hearing, the governing authority affected shall be served with a written decision announcing whether the permit shall remain denied, suspended, or revoked or whether it shall be granted or reinstated. (b) Only after the expiration of three years following the revocation of a traffic-control signal monitoring device permit, shall the governing authority make application, upon a change of circumstances being shown, to the commissioner of transportation for a reconsideration of whether the governing authority should be permitted to use traffic-control signal monitoring devices.'

SECTION 9. This Act shall become effective December 31, 2008.

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

Approved May 14, 2008.

MOTOR VEHICLES - SOCCER LICENSE PLATE.
No. 800 (House Bill No. 963).
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, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of

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the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; 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, is amended by revising subsection (o) of Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, by adding a new paragraph to read as follows:
'(38) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county decal but shall instead bear the legend 'gasoccer.org'.'

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

Approved May 14, 2008.

INSURANCE- UNINSURED MOTORIST COVERAGE; LIMITATIONS, EXCLUSIONS, STANDARDS, AND CHANGES.
No. 801 (Senate Bill No. 276).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to limit coverages under uninsured motorist provisions to automobile and motor vehicle liability policies and exclude umbrella and excess liability policies; to change the definition of "uninsured motor vehicle" to allow uninsured motorist coverage to be stacked with other available liability coverages; to allow insureds to select more restrictive uninsured motorist coverages; changes standards applicable to making and use of rates; changes prior approval requirements above mandatory minimum limits; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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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 revising subsections (a) and (b) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows:
'(a)(l) 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 of the insured shall be:
(A) Not less than $25,000.00 because ofbodily 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 insureds 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; (C) Deductible amounts shown in subparagraphs (A) and (B) ofthis 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 (1) of this subsection, any deductible selected under subparagraphs (A)

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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 (I) of this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing. The coverage required under paragraph (1) of this subsection excludes umbrella or excess liability policies unless affirmatively provided for in such policies or in a policy endorsement. 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 ofan insured person's claim in excess of uninsured motorist protection available to the insured person. (b)(\) As used in this Code section, the term: (A) 'Bodily injury' shall include death resulting from bodily injury. (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 I, 2006, the term 'insured' shall also mean

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a foster child or ward residing in the household ofthe 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. (C) 'Property of the insured' as used in subsection (a) of this Code section means the insured motor vehicle and includes the personal property owned by the insured and contained in the insured motor vehicle. (D) 'Uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of the named insured, and, while residents of the same household, the relative of either, as to which there is:
(i) No bodily injury liability insurance and property damage liability insurance; (ii) Bodily injury liability insurance and property damage liability insurance and the insured has uninsured motorist coverage provided under the insured's motor vehicle insurance policy; the motor vehicle shall be considered uninsured, and the amount of available coverages shall be as follows:
(I) Such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policies, and such coverages shall apply to the insured's losses in addition to the amounts payable under any available bodily injury liability and property damage liability insurance coverages. The insured's uninsured motorist coverage shall not be used to duplicate payments made under any available bodily injury liability insurance and property damage liability insurance coverages but instead shall be available as additional insurance coverage in excess of any available bodily injury liability insurance and property damage liability insurance coverages; provided, however, that the insured's combined recovery from the insured's uninsured motorist coverages and the available coverages under the bodily injury liability insurance and property damage liability insurance on such uninsured motor vehicle shall not exceed the sum of all economic and noneconomic losses sustained by the insured. For purposes of this subdivision, available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; (II) Provided, however, that an insured may reject the coverage referenced in subdivision (I) of this division and select in writing coverage for the occurrence of sustaining losses from the owner or operator of an uninsured motor vehicle that considers such motor vehicle to be uninsured only for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverages provided under the insured's motor vehicle insurance policies; and, for purposes of this subdivision, available coverages under

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; and (III) Neither coverage under subdivision (I) nor (II) of this division shall be applicable if the insured rejects such coverages as provided in paragraph (3) of subsection (a) of this Code section. For private passenger motor vehicle insurance policies in effect on January I, 2009, insurers shall send to their insureds who have not rejected coverage pursuant to paragraph (3) of subsection (a) of this Code section a notice at least 45 days before the first renewal of such policies advising of the coverage options set forth in this division. Such notice shall not be required for any subsequent renewals for policies in effect on January I, 2009, or for any renewals for policies issued after January I, 2009. The coverage set forth in subdivision (I) ofthis division need not be provided in or supplemental to a renewal policy where the named insured has rejected the coverage set forth in subdivision (I) ofthis division and selected the coverage set forth in subdivision (II) of this division in connection with a policy previously issued to said insured by the same insurer; (iii) Bodily injury liability insurance and property damage liability insurance in existence but the insurance company writing the insurance has legally denied coverage under its policy; (iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured, provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured, then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; or (v) No bond or deposit of cash or securities in lieu of bodily injury and property damage liability insurance. (2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through U) of this Code section, and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact shall have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant.'

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SECTION 2. Said title is further amended by revising subsection (i) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows:
'(i) In addition to any offsets or reductions contained in the provisions of division (b)(! )(D)(ii) ofthis Code section, an endorsement or the provisions of the policy providing the coverage required by this Code section may contain provisions which exclude any liability of the insurer for injury to or destruction of property of the insured for which such insured has been compensated by other property or physical damage insurance and may contain provisions which exclude any liability of the insurer for personal or bodily injury or death for which the insured has been compensated pursuant to 'medical payments coverage,' as such term is defined in paragraph (!) of Code Section 33-34-2, or compensated pursuant to workers' compensation laws.'

SECTION 3. Said title is further amended by revising paragraph (2) of Code Section 33-9-4, relating to standards applicable to making and use of rates, as follows:
'(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree ofcompetition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist;'

SECTION 4. Said title is further amended by revising subsections (b) and (c) of Code Section 33-9-21, relating to maintenance and filing ofrates, rating plans, rating systems, or underwriting rules and examination of claim reserve practices by the Commissioner, as follows:
'(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance:
(I) For private passenger motor vehicle insurance providing only the mandatory minimum limits required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37, no such rate, rating plan, rating system, or underwriting rule shall become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by no more than 55 days at his or her discretion. If a filing is disapproved, notice of such disapproval order shall be given within I 00 days of receipt of filing by the Commissioner, specifying in what respects such filing fails to meet the requirements of

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this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) ofCode Section 33-2-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval. (2) For private passenger motor vehicle insurance other than that described in paragraph (1) of subsection (b) of Code Section 33-9-21, such rate, rating plan, rating system, or underwriting rule for all such private passenger motor vehicle insurance shall be effective upon filing and shall be implemented without approval ofthe Commissioner. This subsection shall apply to the entire private passenger motor vehicle insurance policy with limits above the mandatory minimum required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37 and shall apply to the entire private passenger motor vehicle policy with minimum limits if such policy has any additional nonmandatory coverage or coverages. (c) When a rate filing of an insurer required under paragraph (1) of subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner shall request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires, and the insurer shall be required to furnish such information, and in such event the 45 day period provided for in paragraph (1) of subsection (b) of this Code section shall commence as of the date such information is furnished.'

SECTIONS. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on January 1, 2009, and shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on and after such date. (b) Sections 3 and 4 of this Act shall become effective on October 1, 2008.

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

Approved May 14, 2008.

CRIMES- TORTS- FIREARM TRANSFERS; DEADLY WEAPONS AT PUBLIC GATHERINGS; SCHOOLS; EMPLOYERS; VEHICLES; IMMUNITY DURING EMERGENCIES.
No. 802 (House Bill No. 89).
AN ACT
To provide a short title; to amend Part 1 of Article 4 of Chapter II of Title 16 ofthe Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for a felony for soliciting, persuading, encouraging, or enticing any dealer to transfer or otherwise convey a firearm to anyone other than the actual buyer; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to change certain provisions regarding the transportation and carrying of certain firearms; to prohibit the carrying of firearms and other weapons into certain buildings; to provide a definition; to authorize the carrying of firearms in certain locations; to require the timely issuance of firearm licenses; to prohibit certain employers from searching the private vehicles of employees; to prohibit employers from conditioning employment based upon certain regulations regarding the possession of a firearm; to provide exceptions; to provide certain immunity for employers; to provide for civil remedies; to provide for the timely issuance of firearms permits and licenses; to provide for remedies for failure to receive firearms permits or licenses under certain circumstances; to prohibit the consumption of alcoholic beverages while carrying a firearm under certain circumstances; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide certain immunity from liability for certain persons and entities that voluntarily and without compensation assist state agencies during times of declared emergencies; 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. This Act shall be known and may be cited as the "Business Security and Employee Privacy Act."

SECTION 2. Part 1 of Article 4 of Chapter 11 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:
'16-11-113. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision.'

SECTION 3. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by revising Code Section 16-11-126, relating to the offense of carrying a concealed weapon, as follows:
'16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hip grip, or any other similar device, in which event the weapon may be concealed by the person s clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such

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weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state."

SECTION 4. Said part is further amended by revising Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, as follows:
'16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent oftheir total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.
(c)( 1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering.

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(e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-l.l and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federa11aw. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor.'

SECTION 5. Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, by striking "or" at the end of paragraph (16), by replacing the period with "; or" at the end of paragraph (17), and by adding a new paragraph to subsection (c) to read as follows:
'(18) Constables of any county of this state.'

SECTION 6. Said part is further amended by revising subsection (d) of Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, and by adding a new subsection to said Code section to read as follows:
'(d) Investigation ofapplicant; issuance oflicense; renewal. (I) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request 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 of Investigation. 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 within two business days following the receipt of the application or request 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

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Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a 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 report to the judge of the probate court within 30 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 ofthe probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability ofthe applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." '(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees."

SECTION 7. Said part is further amended by adding a new Code section to read as follows:
'16-11-135. (a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto. (b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area

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within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license. (c) Subsection (a) of this Code section shall not apply:
(1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances; (2) To vehicles owned or leased by an employer; (3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or (4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property. (d) Subsections (a) and (b) of this Code section shall not apply: (l) To an employer providing applicable employees with a secure parking area which restricts general public access through the use ofa gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis; (2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative; (3) To facilities associated with electric generation owned or operated by a public utility; (4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport; (5) To an employee who is restricted from carrying or possessing a firearm on the employer's premises due to a completed or pending disciplinary action; (6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation; (7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or (8) To any area used for parking on a temporary basis. (e) No employer, property owner, or property owner's agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employer's premises. Nothing contained in this Code section shall create a new

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duty on the part of the employer, property owner, or property owner's agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will. (f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owner's agent's efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owner's agent's liability. (g) In any action brought against an employer, employer's agent, property owner, or property owner's agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employer's agent, property owner, or property owner's agent if such action is concluded in such employer, employer's agent, property owner, or property owner's agent's favor. (h) This Code section shall not be construed so as to require an employer, property owner, or property owner's agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owner's agent in any action against such employer, its officers or shareholders, or property owners. (i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General. (j) In the event that subsection (e) ofthis Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions ofthis Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. (k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern.'

SECTION 8. Title 51 ofthe Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-1-29.2 as follows:
"51-1-29.2. Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when

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such persons, associations, organizations, or entities are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for, anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any natural person or his or her property to prevent or minimize harm to such natural person or to prevent, minimize, and repair injury and damage to such person's property resulting from biological, chemical, or nuclear agents; terrorism; pandemics or epidemics of infectious disease; or catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section 38-3-51 or by a federal agency shall not be civilly liable to any natural person receiving such assistance as a result ofany act or omission in rendering such service if such natural person, association, organization, or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Nothing in this Code section shall be construed to abrogate the sovereign immunity of this state as to all actions executed by any party under this Code section.'

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

Approved May 14, 2008.

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

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FOREST LAND CONSERVATION USE PROPERTY.

No. 702 (House Resolution No. 1276).

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the special assessment and taxation of forest land conservation use property; to provide for local government assistance grants; to provide for definitions, procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section I, Paragraph III ofthe Constitution is amended by revising subparagraph (a) as follows:
'(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), (e), and (f) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.'

SECTION 2. Said Paragraph of the Constitution is further amended by revising subparagraph (f) as follows:
'(f)(l) The General Assembly shall provide by general law for the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of 'forest land conservation use property' to include only forest land each tract of which exceeds 200 acres of a qualified owner. Such methods of assessment and taxation shall be subject to the following conditions:
(A) A qualified owner shall consist of any individual or individuals or any entity registered to do business in this state;
(B) A qualified owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in forest land use;
(C) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant;

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(D) A breach of such covenant within 15 years shall result in a recapture of the tax savings resulting from such methods ofassessment and taxation and may result in other appropriate penalties; and
(E) The General Assembly may provide by general law for a limited exception to the 200 acre requirement in the case of a transfer of ownership of all or a part of the forest land conservation use property during a covenant period to another owner qualified to enter into an original forest land conservation use covenant if the original covenant is continued by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. (2) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph. (3)(A) The General Assembly shall appropriate an amount for assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss attributable to the implementation ofthis subparagraph. Such grants shall be made in such manner and shall be subject to such procedures as may be specified by general law.
(B) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be in an amount equal to 50 percent of the amount of such reduction.
(C) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent due to the implementation ofthis subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be as follows:
(i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and
(ii) For the remainder of such reduction amount, in an amount equal to I00 percent of the amount of such remaining reduction amount. (4) Such revenue reduction shall be calculated by utilizing forest land fair market value. For purposes of this subparagraph, forest land fair market value means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau

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of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4). Such revenue reduction shall be determined by subtracting the aggregate forest land conservation use value ofqualified properties from the aggregate forest land fair market value of qualified properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district.
(5) For purposes ofthis subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property. (g) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), (e), or (f) of this Paragraph.'

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 ( ) NO

Shall the Constitution of Georgia be amended so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of the state's forests through the special assessment and taxation of certain forest lands and assistance grants to local government?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 14, 2008.

COMMUNITY REDEVELOPMENT.
No. 777 (Senate Resolution No. 996).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax

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allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows:
'(a.!) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment.
(b) The General Assembly is also 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. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approved the use of such tax funds for such purposes and programs before January I, 2009. No county, municipal, or school tax funds may be used for such purposes and programs without the approval by resolution of the applicable governing body of the county, municipality, or local board of education. No school tax funds may be used for such purposes and programs except as authorized by general law after January I, 2009; provided, however, that any school tax funds pledged for the repayment of tax allocation bonds which have been judicially validated pursuant to general law shall continue to be used for such purposes and programs. 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 of the qualified voters voting thereon in the county or municipality directly affected by that local law.*

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"( ) YES Shall the Constitution of Georgia be amended so as to authorize community redevelopment and authorize counties, municipalities, and local boards of
( ) NO education to use tax funds for redevelopment purposes and programs?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 14, 2008.